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MINUTE BOOK 51 2004-2005 JULY 8, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, July 8, 2004, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Pro-tem Alan McGraw was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: R.W. Tagge, 2113 Oakridge Drive, expressed his concern regarding trains blocking intersections along McNeil Road and Burnet Street as long as 15 minutes at a time. He added that not only is this an inconvenience but a public safety factor. He asked for the City's help in resolving this matter. Mayor Maxwell read the following proclamation and presented it to Fire Chief Lynn Bizzell upon his retirement. WHEREAS, in 1957 Lynn Morris Bizzell was born in Georgetown, Texas and where, shortly after turning 18 followed in the footsteps of his father Billy Bizzell and grandfather • Guy Bizzell by becoming a member of the Georgetown Volunteer Fire Department; and WHEREAS, in 1977 Lynn followed his true calling in life when he was hired as a firefighter in the College Station Fire Department in 1977; and WHEREAS, in 1978 Lynn was hired by the City of Round Rock as one of the first paid firefighters in the Fire Department; and WHEREAS, in 1979 he was promoted to Captain, shortly before being promoted to the City's first paid Fire Chief in 1980, and the youngest Fire Chiefs in Texas at the age of 23; and WHEREAS, under Chief Bizzell's leadership the Fire Department went from one fire station with 10 paid and 20 volunteer firefighters in 1980 to five fire stations and 76 paid firefighters; and WHEREAS, Chief Bizzell has guided the City of Round Rock Fire Department through phenomenal population growth and incredible changes, never failing in his courage and personal dedication to the City and to the Fire Department; and WHEREAS, Chief Lynn Bizzell has announced his retirement from the City of Round Rock to begin a new career as an instructor, which will allow him to pass on to future generations of Texas firefighters the valuable experience and knowledge that he has acquired as he helped manage the Fire Department in one of the fastest growing communities in the entire country; and WHEREAS, Lynn's professional affiliations and awards are too numerous to list but include the Texas Fire Chief of the Year in 1997 and the National Chief Fire Officer in 2004, which has been awarded to only 15 Fire Chiefs in the entire State of Texas, NOW THEREFORE, I, Mayor Nyle Maxwell, on behalf of myself, members of the City Council, City Staff, and all of the thousands of former and current residents of this great city do hereby officially and publicly express our deep appreciation for the more than a quarter • century of service that Chief Bizzell has given to the City of Round Rock and the Round Rock Fire Department. PROCLAIMED this 8th day of July 2004. PRESENTATIONS: 5.A.1. Consider a presentation concerning the Mayors' Council on Fitness. Mayor Maxwell announced that he is accepting applications for the Mayors' Council on Fitness. Appointments will be made on August 12, 2004. He added that members of the Fitness Council should represent the Round Rock ISD, Healthcare Industry, Fitness Industry, Corporate Industry, Neighborhood Leadership, Business Industry, Sports Industry, and 2= JULY 8, 2004 member of the Senior Com.�unity. Mayor Maxwell gave an overview of the program noting that the purpose of the Fitness Council is to coordinate current events, create a cultural change by getting out and walking or participating in an extra-curricular activity, and help create life changes for better health. Mayor Maxwell introduced Paul Carrozza, founder of RunTex, which is devoted exclusively to running, who brought the concept of a Round Rock Council on Fitness. Mr. • Carrozza, who is associated with many physical fitness affiliations is also a member of The President's Council on Physical Fitness and Sports. Mr. Carrozza gave a brief overview on the importance of physical fitness for every individual. PUBLIC HEARINGS: 6.A.1. Consider public testimony concerning granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located in the city limits of Round Rock. Jim Stendebach, Planning Director made the staff presentation. The partial tax exemption program was created in 1988. The program encourages owners of historic properties to use money saved on taxes to provide regular maintenance and/or repair to their structures. The overall benefit to Round Rock is the long-term preservation of the City's historic resources. Under the program, property owners receive a 75% exemption on • city property taxes. The program does not exempt county or school district taxes. This program's benefit to Round Rock is the long term preservation of the City's historic resources. On June 15, 2004, the Historic Preservation Commission recommended the approval of partial tax exemptions for 53 properties. All but one application met the criteria for preservation and maintenance according to Section 11.316(7) of the City of Round Rock Zoning Ordinance. The City will forego $35,634.00 in municipal property tax revenue due to the partial tax exemption program. Mayor Maxwell opened.the public hearing. There being no public testimony the public hearing was closed. 6.A.2. Consider public testimony concerning the adoption of the Subdivision Ordinance (revised), Chapter 8, City of Round Rock Code of Ordinances (1995 Edition). Jim Stendebach, Planning Director made the staff presentation. On April 28, 2004, at its regular meeting, the Planning and Zoning Commission held a public hearing and unanimously • recommended the ordinance to City Council for adoption. No comments were received at the public hearing. On June 24, 2004, City Council held a public hearing at which time comments were heard regarding proposed requirements for Traffic Impact Analyses and proposed requirements regulating the inclusion of floodplain in proposed lots. It is the understanding of staff that representatives from the Capital Area Home Builders Association will submit comments to the Planning Department prior to July 8, 2004. Staff will report JULY 81 2004 comments to City Council at its July 8th meeting, at which time the June 24th public hearing will be continued. Mr. Stendebach outline the following key changes to the existing Subdivision Ordinance: • Proposal to eliminate the requirement for 'a Concept Plan for tracts less than 5 acres within the city limits. (Section 8.204) • Proposal to eliminate public hearings for plats, with the exception of those replats which require a public hearing by state law. Notification and public hearing will continue to be required for Concept Plans. (Section 8.204.6) • Proposal to include a procedure for a one cycle final plat. The procedure is identified as the "minor subdivision final plat." (Section 8.207) • Proposal to provide for administrative approval of public easement vacations. (Section 8.211) • Proposal to require a tree survey to identify significant trees at the preliminary plat stage. (Section 8.205.4) • Proposal to require mandatory parkland dedication. (Section 8.302) • Proposal to allow City Council to modify the requirements of the Subdivision Ordinance for those non-recorded subdivisions which existed in their present configuration prior to January 1, 1970. (Section 8.113) • Proposal to include a new subdivision fee structure. (Section 8.116) • Proposal to require a Traffic Impact Analysis prior to all stages of platting. (Section 8.403) • Proposal to increase street right-of-way widths to accommodate but not require the planting of street trees. Reduced setbacks were included in the 2002 Zoning Ordinance • revision to accommodate.the increased right-of-way widths. • Proposal to require sidewalks along streets in industrial subdivisions. (Section 8.405) • Proposal to include separate standards for rural subdivisions. (Section 8.421) • Proposal that plats show the limits of the Ultimate 100-year floodplain for all waterways draining fifty; or more acres by hatch marking the area on the plat. No fences, structures, storage or fill shall be placed within the limits of the Ultimate 100 year floodplain. No portion of the minimum lot area (6500 square feet) for any lot required by this Code shall be located within the Ultimate 100-Year Floodplain. (8.604.Sections 1 - 6) At its regular meeting, on April 28, 2004, the Planning and Zoning Commission held a public hearing and unanimously recommended the ordinance to City Council for adoption. No comments were received at the public hearing. On June 24, 2004, City Council held a public hearing at which time comments were heard regarding proposed requirements for Traffic Impact Analyses and proposed requirements regulating the inclusion of floodplain in platted lots. • It is the understanding of staff that representatives from the Capital Area Home Builders Association will submit comments to the Planning Department prior to July 8, 2004. Staff will report comments to City Council at its July 8th meeting, at which time the June 24th public hearing will be continued. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. CONSENT AGENDA: i 4 JULY 8, 2004 The following items were considered routine by the City Council and were enacted by one motion. Item 9131 was removed from the consent agenda and addressed in its regular sequence of the agenda. *8.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision Phase 3 Sections 1 2 & 3 (Second Readin • *8.D.2. Consider an ordinance authorizing a temporary 45-mph construction speed zone on Louis Henna Boulevard from CR 170 to Donnell Drive for the completion of the SH- 45 frontage road project. (Second Reading) *8.D.3. Consider an ordinance abandoning an alley lying between North Brown Street and North Blair Street. (First Reading *8.D.4. Consider an ordinance authorizing the placement of stop signs at various intersections in Mays Crossing Subdivision, Eagle Ridge Subdivision Section 8, and Village at Mayfield Ranch Subdivision Phase I. (First Reading,) *8.D.5. Consider an ordinance authorizing the placement of stop signs at various intersections in Hidden Glen Subdivision Phase 2-A, 2-13, 3-A, and Rhodes Subdivision Section 1. (First Reading) *8.D.6. Consider'an-ordinance authorizing the placement of stop signs at various intersections in Mayfield Ranch Subdivision Sections 1 2 3 4 and Wood Glen Subdivision • Section 8. (First Reading) *9.B.1. Consider a resolution authorizing a property tax refund to Chandlers Cove LTD Partnership for 2003 taxes in the amount of $4,712.73. This item was removed from the consent agenda and address in the normal order of the agenda. *9.E.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with_Fillip Construction Company, Inc. for the Chisholm Trail North Project. *9.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with S.D. Kallman. L.P. for the Westinghouse Wastewater Interceptor Project. *9.F.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the development and delivery of a 2003 Wastewater Master Plan. • *9.F.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with HDR Engineering, Inc. for the design of the East Water Transmission Line (Phase.II) Improvements. MOTION: Councilmember Coe moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt �� 5 21 JULY 8, 2004 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. *8.D.3. Consider an ordinance abandoning an alley lying between North Brown Street and North Blair Street. (First Reading) MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance for item 8D3 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. ORDINANCES: 8.A.1. Consider an ordinance determining the public necessity for the acquisition of a waterline easement interest in a 0.082 acre parcel of land, and a 30' wide temporary construction easement for the groposed Gattis School 12" Waterline Improvement Project • and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests from Jose and Hermila Estrada so that the Gattis School 12" waterline project can be constructed. The construction of this project will accommodate new development and public services in the central portion of the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A WATERLINE EASEMENT INTEREST IN 0.082 ACRE AND A 30' WIDE TEMPORARY CONSTRUCTION EASEMENT ; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY INTERESTS TO CONSTRUCT AND MAINTAIN WATERLINE IMPROVEMENTS, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT. DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. • MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. s JULY 8, 2004 MOTION: Councilmember Pitt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 8.13.1. Consider an ordinance authorizing the creation of Park Zones as defined in Section 8.300 of the Subdivision Ordinance. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. While in the process of amending Section 8.300 - Parkland Requirement of the Subdivision Ordinance it was determined that Park Zones are necessary to fairly distribute funding generated by the section. Contributions received from new development within each park zone will be spent within that or a surrounding park zone for the development of a neighborhood park. If no neighborhood development is needed, the funds will be applied to the nearest community park. ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE • MASTER PLAN ORIGINALLY ADOPTED UNDER RESOLUTION NO. R-00-08-10-10C1 AND RE-ADOPTED UNDER ORDINANCE NO. G-04-04-22-13D1 TO ADD THE "CITY OF ROUND ROCK PARK ZONES MAP, JULY 2004"; AND REPEALING ALL CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor-Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried' unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None Absent: Mayor Pro-tem McGraw, ACTION: The motion carried. unanimously. 8.C.1. Consider an ordinance granting'a partial exemption from ad valorem taxes for certain qualified historically significant properties located within the City Limits of Round JULY 8, 2004 Rock. (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 8.C.2. Consider an ordinance adopting the Subdivision Ordinance (revised), Chapter 8, City of Round Rock Code of Ordinances (1995 Edition). (First Reading) Jim Stendebach, Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 8 OF THE CODE OF ORDINANCES • (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING SUBDIVISIONS; AND ENACTING REVISED SUBDIVISION REGULATIONS IN ACCORDANCE WITH THE CITY CHARTER AND THE GENERAL PLAN 2000; ESTABLISHING THE REQUIREMENTS FOR APPROVAL OF CONCEPT PLANS, PLATS, REPLATS AND VACATIONS WITHIN ITS CITY LIMITS AND EXTRATERRITORIAL JURISDICTION; DEFINING TERMS; ESTABLISHING PARKLAND REQUIREMENTS; ESTABLISHING IMPROVEMENT STANDARDS AND DESIGN PRINCIPLES; PROVIDING UNIFORM REGULATIONS FOR UTILITIES, STORMWATER DRAINAGE FACILITIES; ESTABLISHING FEES; PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: ;,. ,.Mayor Pro-tem McGraw ACTION: The motion carried unanimously. • *8.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase 3, Sections 1, 2 & 3. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: STONE FOREST TRAIL AT BLUE RIDGE DRIVE, CASTLE ROCK DRIVE AT BLUE RIDGE DRIVE, SPRING CANYON TRAIL AT BLUE RIDGE DRIVE, ROCK SHELF LANE AT BLUE RIDGE DRIVE, FLOWSTONE LANE AT BLUE RIDGE DRIVE, TAPADO CANYON TRAIL AT STONE FOREST TRAIL, BLUE MOUNTAIN PATH AT STONE FOREST TRAIL, CAP ROCK TRAIL AT BLUE MOUNTAIN PATH, BLUE MOUNTAIN PATH JULY 8, 2004 AT CASTLE ROCK DRIVE, STONE FOREST PATH AT CASTLE ROCK DRIVE, ROCK SHELF LANE AT SPRING CANYON TRAIL, SPRING CANYON TRAIL AT FLOWSTONE LANE, STONEWALL DRIVE AT SPRING CANYON TRAIL, FOOTHILLS DRIVE AT STONEWALL DRIVE, STONEWALL DRIVE AT FOOTHILLS DRIVE, FOOTHILLS TRAIL AT BLUE RIDGE DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.D.2. Consider an ordinance authorizing a temporary 45-mph construction speed zone on Louis Henna Boulevard from CR 170 to Donnell Drive for the completion of the SH- 45 frontage road project. (Second Reading) This item was approved under the consent • agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADDING A' NEW SECTION 9.504, "TEMPORARY CONSTRUCTION SPEED ZONES" AND ADOPTING A TEMPORARY CONSTRUCTION SPEED ZONE FOR A PORTION OF LOUIS HENNA BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.D.3. Consider an ordinance abandoning an alley lying between North Brown Street and North Blair Street. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING, AND CLOSING A 20 FOOT WIDE ALLEY IN BLOCK 33, ROUND ROCK ORIGINAL PLAT, LOCATED BETWEEN NORTH BROWN STREET AND NORTH BLAIR STREET, AND .WEST AUSTIN AVENUE AND EAST LIBERTY AVENUE, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TRANSPORTATION CODE, V.A.T.S.; RESERVING A PERMANENT PUBLIC UTILITY EASEMENT; AND PROVIDING . A SAVINGS CLAUSE AND REPEALING CONFLICTING • ORDINANCES AND RESOLUTIONS. *8.D.4. Consider an ordinance authorizing the placement of stop signs at various intersections in Mays Crossing Subdivision, Eagle Ridge Subdivision Section 8, and Village at Mayfield Ranch Subdivision Phase I. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: MAYS CROSSING DRIVE AT SOUTH MAYS STREET, MAYS CROSSING DRIVE AT NORTHBOUND IH-35 ACCESS ROAD, MOHICAN STREET AT CHEYENNE STREET, CHEYENNE STREET AT TERRA STREET, GENTLE WINDS WAY AT TURTELLA DRIVE, TURTELLA DRIVE AT FOSSILWOOD WAY, AND TURTELLA DRIVE AT MAYFIELD RANCH BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.D.5. Consider an ordinance authorizing the placement of stogy signs at various intersections in Hidden Glen Subdivision Phase 2-A, 2-B, 3-A, and Rhodes Subdivision Section 1. (First Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE• FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: WEST END PLACE AT CREEK BEND BOULEVARD, VIBAR COVE AT WEST END PLACE, LAS COLINAS WAY AT HIDDEN GLEN DRIVE, CORONADO COVE AT LAS COLINAS WAY, CELTIC COVE AT LAS COLINAS WAY, LAS COLINAS WAY AT PLANTATION DRIVE, APOLLO CIRCLE AT CHAMPION DRIVE, CHAMPION DRIVE AT APOLLO CIRCLE, APOLLO CIRCLE AT APOLLO CIRCLE, AND KASS COVE AT APOLLO CIRCLE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. JULY 8, 2004 *8.D.6. Consider an ordinance authorizing the placement of stop signs at various intersections in Mayfield Ranch Subdivision Sections 1, 2 3 4 and Wood Glen Subdivision Section 8. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: MITCHELL COVE AT LAGUNA DRIVE; LAGUNA • DRIVE AT DERBY TRAIL, VISTA HILLS BOULEVARD AT DERBY TRAIL, DERBY COVE AT DERBY TRAIL, BLUE RIDGE DRIVE AT DERBY TRAIL, PINE NEEDLE LANE AT CERULEAN WAY, PINE NEEDLE LANE AT MAYFIELD RANCH BOULEVARD, NOE LANE AT MAYFIELD RANCH BOULEVARD, NOE LANE AT CERULEAN WAY, COBALT COVE AT NOE LANE, SEBASTIAN COVE AT MAYFIELD RANCH BOULEVARD, CERULEAN WAY AT BLUE RIDGE DRIVE, BRAM COVE AT CERULEAN WAY, AZUR LANE AT MAYFIELD RANCH BOULEVARD, AZUR LANE AT CERULEAN WAY, AND RIO BRISAS COVE AT CREEK BEND BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 9.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Margaret Juanita Walsh for the purchase of property. (409 E. Liberty Avenuel Jim Nuse, City Manager made the staff presentation. This resolution authorizes the purchase of Block 22, Lot 12, Original Plat of the City of Round Rock from Margaret Juanita Walsh for future parking. The price of this property is $54,000.00. RESOLUTION NO. • WHEREAS, the City desires to purchase a tract of land known as Block 22, Lot 12, Original Plat of the City of Round Rock, Williamson County, also known as 409 E. Liberty Avenue, and WHEREAS, Margaret Juanita Walsh, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Margaret Juanita Walsh, for the purchase of th&""above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Coe • seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 10 JULY 8, 2004 *9.B.1. Consider a resolution authorizing a property tax refund to Chandlers Cove LTD Partnership for 2003 taxes in the amount of $4,712.73. This item was withdrawn from the consent agenda. Councilmember Nielson disclosed that he would abstain on this item due to a conflict of interest because of having had prior representation with party's of this tract. David Kautz, Assistant. City Manager/Chief Financial Officer made the staff • presentation. State law requires that property tax refunds in excess of $500 be approved by the governing body. Chandler Cove is entitled to an agricultural exemption on this property for the. 2003 tax year. The Company paid the tax notwithstanding the exemption. The Williamson County Appraisal District has approved the refund of the overpayment. The amount of the refund is $4,712.73. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Chandlers Cove Ltd. Partnership has made an overpayment or erroneous payment of 2003 taxes in the amount of $4,712.73; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax • Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $4,712.73. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: . Councilmember Pitt moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Abstain: Councilmember Nielson Absent: Mayor Pro-tem McGraw ACTION: 'The motion carried with 5'ayes.and 1 abstention. 9.C.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with K.C. Engineering Inc. for the Country Aire Drive Sidewalk Project. Mona Ryan, Community Development Coordinator made the staff presentation. This project will facilitate the design of sidewalks along Country Aire Drive from Misty f41 i JULY 8, 2004 Morning to Sunrise Road. Country Aire Drive was identified as a candidate street when identifying areas of need in conjunction with the G.O. Bond Citywide Sidewalk Plan. Funds were not available to-complete all of the sidewalks identified in the plan. Country Aire Drive is within a low to moderate income area and Community Development Block Grant funds are available to construct the project. The cost will be $7,207.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Country Aire Drive Sidewalk Project, and WHEREAS, K.C. Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with K.C. Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with K.C. Engineering, Inc. for the design of the Country Aire Drive Sidewalk Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: A;, Ayes: Councilmember Nielson r Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.D.1. Consider a resolution rejecting all bids received for the Buck Eager Park (Phase I) Project. David Buzzell of the Parks and Recreation Department made the staff presentation. The Buck Egger Park (Phase I) Project is a limited park redevelopment that will include a playground, parking).and various site amenitieso,The project is funded • through the Community Development Block Grant Program (CDBG). This project was competitively bid in June and only two bids were received of which both were over the project construction budget. Staff is uncomfortable with the number of bids and most of the prices that are in the bids. Staff is currently discussing options for completing the project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Buck Egger Park (Phase I) Project, and WHEREAS, the Council has determined that all bids received should be rejected and the project should be re-bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, ,12 JULY 80 2004 That all bids received for the Buck Egger Park (Phase I) Project are hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were .discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this"8th day of July, 2004. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.D.2. Consider a resolution approving an exception to park curfew regulations to allow overnight play on the cricket fields at Old Settlers Park at Palm Valley. Sharon Prete, Parks and Recreation Director made the staff presentation. The cricket association is hosting a tournament Jul 16 17 and 18th. Due to the length of • July g he game, in order to complete the tournament during the weekend, games will be played around the clock. This is a tourism event and teams will be coming from around the state. RESOLUTION NO. WHEREAS, the Round Rock Cricket Association has requested that the cricket fields at Old Settlers Park located on Palm Valley Blvd'. be open from 6:00 o'clock a.m. on July 16, 2004 until 12:00 o'clock midnight on July 18, 2004, for a cricket tournament, and WHEREAS, municipal parks are only open to the public between the hours of 6:00 o'clock a.m. and 12:00 o'clock midnight in accordance with Section 1.1701 of the Code of Ordinances (1995 Edition), and WHEREAS, pursuant to Section 1.1701 an exception to the requirements of said Section may be authorized only by City Council approval, and WHEREAS, the City Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK; TEXAS, That the cricket fields at Old Settlers Park located on Palm Valley Blvd . be open as set forth above. The City Council hereby finds' and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July,2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. s JULY 8, 2004 VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe_ Mayor Maxwell Nays: None i Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. • *9.E.1. Consider a resolution authorizing the Mayor to execute Change Order No 1 with Fillip Construction Company, Inc. for the Chisholm Trail North Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Fillip Construction Company, Inc. for the Chisholm Trail Reconstruction Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 1 to the Contract with Fillip Construction Company, Inc. for the Chisholm Trail Reconstruction Project, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. 9.E.2. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Generator Maintenance and Repair from Fleet Maintenance of Texas. Tom Martin, Director of Transportation Services made the staff presentation. Staff recommended awarding the multi-year contract to Fleet Maintenance of Texas as the lowest responsible bidder. Staff has had a good relationship with Fleet Maintenance, as they have maintained and repaired all the City's generators for the last five years. Fleet Maintenance is a HUB vendor. Staff recommended awarding the multi-year contract to Fleet Maintenance of Texas as the lowest responsible bidder. The cost will be $ 19,125.00. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for generator maintenance and repair services for various City facilitiesp;pndfq, WHEREAS, pursuant to Section 252.021(a) of the Local Government Code, bids for • said services were not required since the cost will be less than $25,000, and WHEREAS, the City issued a Request for Quotation for vendors to provide said services, and WHEREAS, Fleet Maintenance of Texas has submitted a quote to provide said services which has been determined to provide the best value to the City, and WHEREAS, the City Council wishes to enter into an Agreement for Purchase of Generator Maintenance and Repair with Fleet Maintenance of Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Generator Maintenance and Repair with Fleet Maintenance of Texas, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this 14 - 7ULY 8, 2004 Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.E.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with PBS&J for a feasibility study for possible alternatives to alleviate traffic congestion at the intersections of IH-35 and RM 620 and IH-35 and Highway 79 (Palm Valley Boulevard). Tom Martin, Director of Transportation Services made the staff presentation. With the creation of Regional Mobility Authorities, a funding source may be available to the City for the construction of this project. However, to access such funding, it • is necessary for the City to produce a schematic design which will provide information on functional viability and financial feasibility. This feasibility study will provide finding as to whether it is feasible to proceed with this project. The cost of the study would be $87,400. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for a feasibility study for possible alternatives to alleviate traffic congestion at the intersections of IH-35 and 620 and IH-35 and Highway 79, and .WHEREAS, PBS&J has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with PBS&J, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,) That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with PBS&J for a feasibility study for possible alternatives to alleviate traffic congestion at the intersections of IH-35 and 620 and IH-35 and Highway 79, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes..: ,: The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary I 1 3UL•Y 8, 2004 MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.F.1. Consider a resolution setting a Public Hearing on September 9, 2004 to review proposed amendments to the land use assumptions capital improvement plan and current impact fees. This item was withdrawn from the agenda at the request of staff. *9.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with S.D. Kallman. L.P. for the Westinghouse Wastewater Interceptor Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with S.D. Kallman, L.P. for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, S.D. Kallman, L.P. has submitted Supplemental Agreement No. 4 to the • Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 with S.D. Kallman, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 4 to the Agreement with S.D. Kallman, L.P., a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City .Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, .2004. *9.F.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the development and for the development and delive�of a 2003 Wastewater Master Plana 2003 Wastewater Master Plan. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for • Engineering Services with Camp Dresser and McKee, Inc. for the development and delivery of a 2003 Wastewater Master Plan, and WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Camp Dresser and McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser and McKee, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 16 JULY 8, 2004 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. *9.F.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Contract for Engineering Services with HDR Engineering Inc for the design of the East Water Transmission Line (Phase II) Improvements This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with HDR Engineering, Inc. for the design of'the East Water Transmission Line (Phase II) Improvements, and ' WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 2 to the Contract to extend the contract date, and WHEREAS, the City Council desires.to enter into said Supplemental Agreement No. 2 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL.OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized -and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Contract with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th.day of July, 2004. 9.F.5. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the City of Georgetown for the relocation of the waterline relating to SH-29 • road improvements in Georgetown. Tom Clark, Director of Utilities made the staff. presentation. TxDOT has agreed to shift the improvements to SH 29 to the North, which allows the City of Round Rock's South Side 30" Raw Water Line to remain in place. The City will be required to relocate the North Side 30" Raw Water Line and remove the existing line at an estimated cost of $3,600,000. The City of Round Rock currently has both of its 30" Raw Waterlines in the SH 29 right-of-way in Georgetown, one line on the North Side and the other on the South Side. TxDOT will be widening SH 29 in this area to accommodate the additional traffic that will be generated with the completion of the new Simon Property's Development South of SH 29 at IH 35 in Georgetown. This agreement sets forth a cost sharing agreement with Georgetown to allow for the surveying, purchase and other related costs of acquiring right of way to move the north. waterline and acquire additional right-of- way along north side of SH 29 to allow the south, waterline to remain in place at this time; • and relocating of the north waterline with the existing CR 265 ROW. RESOLUTION NO., WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the City of Georgetown for the relocation of the waterline relating to SH-29 road improvements for Georgetown's Simon Mall Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1 .:7 JULY 8, 2004 That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of July, 2004. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: • There being no further business, the meeting adjourned at 8:02 p.m. RpVristCwineR&Makrtivnez, pectfully Submitted, City Secretary • �l JULY 20, 2004 The Round Rock City Council met in Executive Session and Work Session on Tuesday, July 20, 2004 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 7:30 A.M. Mayor Pro=tem Alan McGraw called the Work Session to order. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, • Councilmember Scott Rhode, and Councilmember Gary Coe. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Executive Director for Community Development Joe Vining, Planning and Community Development Director Jim Stendebach, Parks and Recreation Director Sharon Prete, Will Hampton Communications Director, Chief of Public Works Operations Tom Word, Transportation Director Tom Martin, and Bryan Williams, Police Chief. Mayor Pro-tem McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following the items. WORK SESSION: 4.A. Consider presentation and discussion of the Strategic Calendar. • Jim Nuse, City Manager outlined the proposed items on the Strategic Calendar for August and September. Staff responded to the following items brought up by Councilmembers. • If the Council would be receivingin any input prior or to staffs development of the measurements and goals for the Economic Development item. • When the Time Warner franchise will be coming forward since it has expired. • A brief outline on the proposed schedule for the annexation plan. • Update on the status of the funds the City would be receiving from Capital Metro for CARTS. 3.B. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for the June 24, 2004 City Council meeting. Mayor Pro-tem McGraw outlined the Council agenda for July 22, 2004 and asked if the Council had questions or needed additional information concerning any items on the agenda. Staff addressed the following items: Jim Stendebach addressed item 3A, which is a presentation on proposed extra- • territorial jurisdiction exchanges. He reported that staff would outline maps showing the existing and proposed ETJ exchanges and explain the rationale of proceeding with the exchanges. David Kautz addressed item 12A1, issuance of Bonds. He gave a quick overview of the bond rating reports from Moody and Standard & Poor's. He added that a comprehensive presentation will be given at the meeting by staff, Carol Polumbo, the City's Bond Counsel, and Garry Kimball, the City's Financial Advisor. He pointed out that now is a good time to 1 .9 JULY 20, 2004 be in the market for these bonds because the interest rate is very low. As for the refunding bonds, this is also a cost saving matter. Chief Williams and Steve Sheets addressed item 12B1, Solicitors, Peddlers, and Canvassers ordinance. An overview of the changes that were made to the ordinance to reflect the prior concerns of the Council. The Council asked for additional clarification on the definition of a peddler. In addition, if the peddler designation would apply to youth organizations, Girl Scouts, and Boy Scouts. Will Hampton addressed item 13A1, designating the official publication for official city notices. He said that the rates for both the Round Rock Leader and Austin American Statesman were about the same. He added that staff utilizes both newspapers for the publication of official notices. Joe Vining addressed item 13C1, Community Development Consolidated Plan. He reported that this is the document that will be provided to HUD. Sharon Prete addressed item 13D1, Water Park feasibility study. She gave a brief overview of the aspects of the feasibility study for a water park. Tom Martin addressed item 13E1, change order with Austin Traffic Signal Construction Company for the installation of traffic signals project. He explained that the change order was for ADA curbs and ramps and why this was not addressed in the original • bid for thisro'ect. P J Joe Vining addressed item 14A, appointments to the Zoning Board of Adjustments. He reported that the two vacancies on this Board were for alternate positions. At this time, only one application was received but staff would like to recommend that the Council fill one of the alternate vacancies. EXECUTIVE SESSION: 3.A. Consider Executive Session as authorized by X551.072 Government Code, related to the purchase of Block 2, Lots N/PT 8-10 also known as 209 South Brown Street from Maria Pena Correa, and Block 2, Lots 8-10 S 1/2 also known as 211 South Brown Street from Frank Correa. Mayor Pro-tem McGraw called the Executive Session to order at 8:28 a.m. and adjourned the Executive Session at 8:28 a.m. The Council took no action on the Executive Session item. • ADJOURNMENT: There being no further business, the meeting adjourned at 8:41 a.m. R $pectfully Submitted I �• Christine R. Martinez, Ci"Secretary .2 .0 JULY 22, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, July 22, 2004, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. The Work Session was called to order by Mayor Pro-tem McGraw due to the absence of Mayor Maxwell. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Counci.lmember Carrie Pitt, Councilmember Scot Knight, • Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Nyle Maxwell was out of town. Also present were Assistant City Manager/Chief Financial Officer David Kautz and City Attorney Steve Sheets. Jim Nuse, City Manager was out of town. PRESENTATIONS: 3.A. Consider a presentation by representatives of Williamson County on the current "State of the County". Jim Nuse, City Manager made the staff presentation. He pointed out that David Flores, Williamson County Auditor, and Connie Watson, Public Information Officer, would provide information about the County that included the progress of bond projects and construction projects, and the budget and demographics. Some of the information that Ms. Watson and Mr. Flores outlined follows: • Their mission is to provide public services with honesty, integrity and dynamic leadership for the citizens of Williamson County. • • Williamson County is the second fastest growing county in Texas, and the twelfth fastest growing county in the U.S., with over 300,000 residents covering 1,104 square miles. There are 1,530 miles of county maintained roads. The unemployment rate for the past 5 months has been 3.9%. The State of Texas is at 6.1%. • 2003-2004 Budget $74 million revenues for operating fund - $72.5 million estimated expenditures $11 million revenues for Road & Bridge - $11 million estimated expenditures 15.4 million is operating rants from governmental activities $ P 99 - $5 million for juvenile, law enforcement - $6.4 million for CSCD/Adult Probation - $4 million for Courthouse Restoration $14.5 million, or 22% of the total General Fund, is in an unreserved fund • Demographics - 8.5% under 5 years old - 30% under 18 years old - 54.1% 18-64 • - 7.4% 65 years and older - 50.2% female, 49.8% male • Four of the fastestrowina cities in the U.S. are as follows: #5 Leander +53.5% #7 Cedar Park +45% #65 Round Rock +20.8% #97 Georgetown +16.9% 21 JULY 22, 2004 • Public Safety 2.1/100 capita crime rate - Lowest crime rate for county of our size Effective Court System • $350 Million Road Bonds Ronald W. Reagan Boulevard South Phase 1 from 1431 to 2243 opening mid-September North Phase 1 from Hwy 29 to 3405 starts October. • - South Phase 2 from 2243 to HWY 29 bids November Georgetown Inner Loop From Hwy 29 to Hwy 971 opening in July • Benefits to Building Roads Now Bonds selling at lower 4% rates vs. 6.5% Contractor bids 17% under engineers' estimate on average Right-of-way purchased "by the acre" and not "by the foot" - Number of projects increases from 26 planned to 66+ planned • Tax Rate Current rate is $.48/$100 value - Debt service will increase tax rate 6% to 7% due to road and park bonds passed in 2000. • $25 million Park Funds Williamson County Regional Park - 800 acres, Phase 1 sports park with 11 soccer fields, 4 tennis courts, 400m track, 2 softball fields, 6 basketball courts Brushy Creek Regional Trail 3-mile trail designated National Recreation Trail • Berry Springs Park and Preserve 300 acres, camping, hiking, fishing, broke ground June 25 • Construction Projects Juvenile Facility 24 youth ages 10 to 17/48 maximum Jail . 1,104 inmates, 1,488 maximum Pct. 4 Court Building/Annex Justice.Center - 88,000 sq. ft., $12 million, opened June 28 Courthouse Renovation Project $5 million with $4 million grant starting 2005, ending 2007 3.B. Consider a presentation regarding a gateways and wayfinding Oan as called for in the Tourism Development and Marketing Plan. Joe Vining, Executive Director of Community Development made the staff presentation. The Tourism Development and Marketing Plan was completed and adopted in Q4 2003. This plan describes two Wayfinding and Signage Plans: one for Old Settlers Park and one for the City as a whole. Mr. Vining explained that the appearance of the City's gateways is an important factor • that can encourage tourist or travelers off the interstate into Round Rock especially since IH-35 runs down the center of Round Rock. In addition, once the travelers have ventured off the interstate, wayfinding signage becomes the important factor to direct individuals through Round Rock and places of interest. Mr. Vining proceeded to show examples of gateways and wayfinding signage that have been used elsewhere. He explained some basic requirements that need to be considered before staff proceeds with the request for proposals for a consultant to help with this phase of the Tourism Development and Marketing Plan. JULY 22, 2004 3.C. Consider a presentation regarding proposed extra-territorial Jurisdiction (ETJ) exchanges with cities of Georgetown, Hutto and Pflugerville Jim Stendebach, Planning Director made the staff presentation. ETJ exchanges with cities of Georgetown, Hutto and Pflugerville have been negotiated based on serviceability. The agreements will define the ultimate city limits of the City of Round Rock and will finalize the ultimate ETJ and city limit boundaries with cities of Georgetown, Hutto and Pflugerville. The agreements are based on serviceability, property line and roadways. In addition, advantages of these are as follows: • • Allows effective planning for expansion of infrastructure by determining an ultimate planning and service area. • Allows development of more accurate population projections. • Allows for more efficient use of emergency services. • Addresses disputed areas and mapping errors. Highlights of Georgetown's agreement are as follows: • Northeast ETJ exchanges will place all of Chandler Road in Round Rock and all of Westinghouse Road in Georgetown. • Northwest ETJ agreement will clarify boundary and transfer portions of Texas Crushed Stone property located north of proposed Arterial "H" to Georgetown. • ETJ Exchanges will transfer the "Whitetail Subdivision" to Georgetown. This is in the Georgetown CCN. Round Rock and Georgetown will have the right to expand their ETJ east along an agreed boundary. • Highlights of Hutto's agreement are as follows: The ETJ Boundary between Round Rock and Hutto follows property lines based on watershed boundaries. • Round Rock will have jurisdiction of the McNutt Creek Watershed. • Hutto will have jurisdiction of the Cottonwood Creek Watershed. • This permits the efficient expansion of wastewater utilities and eliminates costly expansion into small portions of adjacent watersheds. Round Rock will acquire land between Highway 79 and Oak Bluff Estates and some small areas abutting County Road 122. This will allow annexation of these areas near the entrance to our City. Highlights of Pflugerville's agreement are as follows: • The ETJ exchanges with Pflugerville only clarify and rationalize the boundary between the two jurisdictions. Highlights of Leander's agreement are as follows: • • Some minor adjustment of boundaries to ensure the ETJ boundary follows actual property lines may be required. This is not part of this agreement. agreement Highlights of Austin's a r 9 t a e as follows: • Austin stated that they were not prepared to entertain any ETJ exchanges at this time. There being no further discussion, the Work Session adjourned at 6:45 p.m. CALL REGULAR SESSION TO ORDER - 7:00 P.M. 23 3ULY 22, 2004 PLEDGE OF ALLEGIANCE: Mayor Pro-tem McGraw led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Nyle Maxwell was out of town. Also present were Assistant City Manager/Chief Financial Officer David Kautz and City • Attorney Steve Sheets. Jim Nuse, City Manager was out of town. CITIZENS COMMUNICATIONS: None. PROCLAMATIONS: 8.A. Consider proclaiming August 2004 as Breast Feeding Month. Councilmember Pitt read the following proclamation and presented it to a representative of the Williamson County and Cities Health District. WHEREAS, the health of all the people in Williamson County is linked to the health of people throughout the world; and WHEREAS, the Williamson County & Cities Health District's Women, Infants and Children (WIC) program takes this occasion to educate and inform, to encourage breast- feeding and regular health care for mothers and babies; and WHEREAS, the Williamson County & Cities Health District's WIC mission is focused on improving the nutritional status of low and moderate income women, infants, and children by providing foods and nutrition and breast feeding education; and WHEREAS, the WIC staff of the Williamson County & Cities Health District demonstrates the highest quality of public service in serving over 72,000 families in Williamson County, NOW THERFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby • proclaim the month of August, 2004 as "BREAST FEEDING MONTH" in the City of Round Rock, Texas and urge all citizens to take part in recognizing the successes of healthy mothers and healthy children and to support breast-feeding mothers. PROCLAIMED this 22nd day of July 2004. 8.B. Consider proclaiming August 3, 2004 as National Night Out. Mayor Pro-tem McGraw read,the following proclamation and presented it to the Chief of Police, Brian Williams. WHEREAS, the Round Rock Police Department and National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime and drug prevention program on August 3, 2004, called "National Night Out"; and WHEREAS, the 21st Annual National Night Out provides a unique opportunity for Round Rock to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention and quality-of-life efforts; and WHEREAS, Citizens of Round Rock play a vital role in assisting the Police Department through joint crime and drug prevention efforts in Round Rock; and WHEREAS, it is essential that all citizens of Round Rock be aware of the importance of crime prevention programs and impact their participation can have on reducing crime, drugs and violence in Round Rock; and WHEREAS, police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the National Night Out program, NOW, THEREFORE, I, Nyldl Maxwell, Mayor of the City'of Round Rock, Texas do hereby • proclaim August 3, 2004, as the 21St Annual National Night Out in the City of Round Rock, Texas, and urge all citizens to join with me in supporting this important night. PROCLAIMED this 22"d day Of July 2004. PRESENTATIONS: 9.A. Continuation of presentations not addressed during the Work Session. All of the presentations were addressed during the work session. CONSENT AGENDA: 24 JULY 22, 2004 The following items were considered routine by the City Council and were enacted by one motion. No items were removed from the consent agenda. *11.A. Consider approval of the City Council minutes for the June 24 2004 Regular Session and the July 8, 2004 Regular Session. Councilmember Rhode pointed out that he did not want to remove this item from the consent agenda for the following minor amendment to the minutes of June 24, 2004. The amendment concerned the last vote for item 18A, the appointment for the unexpired term on the Planning and Zoning Commission. The final results •. of the poll of the Council should be noted as Dwayne Kostiha 2 votes, Larry Quick 4 votes, and Larry Yawn 0 votes. The Council accepted Councilmember Rhode's amendment. *12.C.1. Consider an ordinance granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located within the city limits of Round Rock. (Second Reading) *12.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in Mays Crossing Subdivision, Eagle Ridge Subdivision Section 8, and Village at Mayfield Ranch Subdivision Phase I. (Second Reading) *12.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in Hidden Glen Subdivision Phase 2-A, 2-13, 3-A, and Rhodes Subdivision Section 1. Second Reading) *12.D.3. Consider an ordinance authorizing the placement of stop signs at various • intersections in Mayfield Ranch Subdivision Sections 1, 2, 3, 4, and Wood Glen Subdivision Section 8. (Second Reading) *13.13.1. Consider a resolution rejecting all bids for the South Creek Wastewater Improvements Project. *13.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Ronald Stockford for the purchase of right-of-way for the Red Bud Lane (CR 122 Project. *13.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Austin Traffic Signal Construction Company, LP for the installation of traffic signals at the intersections of Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard. MOTION: Councilmember Pitt moved to approve all the items on the consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson • Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPROVAL OF MINUTES: h1 2,5 JULY 22, 2004 *11.A. Consider approval of the City Council minutes for the June 24 2004 Regular Session and the July 8, 2004 Regular Session. This item was approved under the consent agenda with the following amendments to the minutes of June 24, 2004. The amendment concerned the voice vote for item 18A, the appointment for the unexpired term on the Planning and Zoning Commission. The results of the poll of the Council should be corrected as follows: Dwayne Kostiha 2 votes, Larry Quick 4 votes, and Larry Yawn 0 votes. • ORDINANCES: 12.A.1. Consider an ordinance authorizing the issuance of City of Round Rock, Texas General Obligation and Refunding Bonds, Series 2004: levying an ad valorem tax in support of the bonds: approving a paving agent/registrar agreement, an official statement, a bond purchase agreement and an escrow agreement: calling certain obligations for redemption and authorizing other matters relating to bonds. (Only one reading is required as authorized in Section 1201.028 Texas Local Government Code.) David Kautz, Assistant City Manager/Chief Financial Officer, and Cindy Demers, Finance Director made the staff presentation. The City is selling General Obligation bonds for $20 million for new project financing. The $20 million is the second issuance of the $89.8 million authorization approved by voters in November 2001. The City previously issued $35 million of this authorization. Once this transaction is complete, $34.8 million will remain in authorized but unissued general obligation bonds. The refunding • transaction was estimated to refund up to $18 million in existing bonds and will provide a present value savings due to lower market interest rates and for a restructuring of current outstanding bonds. The issuance of these obligations is not expected to adversely affect the City's excellent credit rating because of the City's strong financial position and debt capacity. Following are the bond projects for this issuance. Proposition 1 - Public Works totaled $10.1 million. • Chisholm Trail Reconstruction • Sam Bass Road Improvements • Creek Bend Drive • Chisholm Parkway Extension • Sidewalk Program • Downtown Traffic Improvements • Bowman Road Drainage Proposition 2 - Parks and Recreation totaled $3.6 million. • Old Settlers Park - Family Aquatic Center Construction • Neighborhood Park Improvements • Schematic Design - New Recreation Center • Proposition 3 - Public Safety totaled $5.1 million. • Fire Engine Replacement Program • New Police Department Building Proposition 4 - Public Service Facilities totaled $1.2 million. • Southwest Downtown Infrastructure Improvements • Schematic Design - Municipal Office Campus Phase 2 Garry Kimble, the City's Financial Advisor outlined the specifics of the transaction and final pricing summary for the General Obligation Bonds and Refunding Bonds. The General Obligation Bond's total interest cost rate is 4.477%, which is well within budget. He added that '2 _ JULY 22, 2004 the rating the City received from the bonding companies "can't be overstated" because only a few cities have this type of strong rating. Carol Polumbo, the City's Bond Counsel, reported that the actual closing/funding date is August 12. This ordinance is the legal instrument to issue the bonds. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 2004; LEVYING AN AD VALOREM TAX IN SUPPORT OF THE • BONDS; APPROVING A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL STATEMENT AND A PURCHASE AGREEMENT; AND AUTHORIZING OTHER MATTERS RELATING TO THE BONDS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor'Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 12.B.1. Consider a ordinance amending Chapter 4, Section 4.200 of the Round Rock Code of Ordinances, Solicitors, Peddlers, and Canvassers. (First Reading) Bryan Williams, Police Chief made the staff presentation. The existing door-to-door solicitations ordinance was adopted, in 1974. At the request of citizens for stronger regulations for door-to-door , solicitations, the City Council directed staff to prepare a set of revisions to the City's ordinance regarding solicitors. At the time, the City was experiencing a glut of door-to-door sales operations from Dallas and other areas to the point where it had become a quality-of-life issue. The existing ordinance for dealing with such issues was found to be difficult to enforce. During the development of the new ordinance, a U.S. Supreme Court decision required alterations in the City's approach toward dealing with solicitations by religious organizations. The first part of the changes to this ordinance occurred in 2003 with regulations regarding solicitations made on arterial roadways. The proposed set of revisions address the door-to-door solicitation issue and is a response to concerns raised by Council when an earlier draft was presented at a June Council meeting. The revised ordinance requires peddlers to obtain a $50 identification card from the Police Department; solicitors and canvassers also may obtain such cards. The card application • provides the Department with information about the applicant, the vehicle to be used in activity covered by the section, criminal convictions, the proposed activity, a copy of their sales tax license, and other information to ensure City sales tax is being paid on merchandise sold. Peddling without a card becomes an ordinance violation in this ordinance revision. The ordinance also provides protections for residents, including enforcement of"no soliciting" 27 JULY 22 2004 signs. This will also provide the Police Department with an enforceable set of laws governing door-to-door solicitations as they occur in the City. Steve Sheets gave an overview of the entire ordinance, pointing out the changes and new additions to the ordinance. The Council received a letter from Time Warner expressing their concern that the proposed provisions may be inconsistent with their agreements with multiple dwelling units. • Even though Time Warner posts an annual solicitors bond with the City and fees are paid every six months for each representative, they would technically be in violation of the proposed ordinance. They asked the Council to review the proposed changes and make any necessary revisions to include companies that do constant business in the community and work closely with multiple dwelling units. Patty Gonzales, Government Affairs Manager was at the meeting to respond to Council's questions. The Council discussed and received clarification on Time Warner's concern, whether the identification card should have an expiration date, whether renewal should be for 90 days or 6 months rather than 30 days, and what designation Boy Scouts and Girl Scouts would fall under, and whether an existing peddler would need another background check if they want a renewal. In response to Time Warner's concern, Mr. Sheets responded that if the new regulations • were adopted, Time Warner would not be in violation of the ordinance as long as they comply with the no solicitation signage at the individual multi-family units. Councilmember Rhode recommended that the definition of a Peddler in Section 4.202(3) be amended as follows: "Peddler is a person who attempts to make personal contact with a resident at his /her residence without prior specific invitation from or appointment with the resident, for the primary purpose of attempting to sell a good or service. A`peddler' does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, good or service that is offered to the resident for purchase at a location away from the residence." In addition, he also wanted to recommend an amendment to Section 4.205 that states, "Identification Cards shall be valid for 90 days from the date of issuance" rather than 30 days. Councilmember Coe asked fdr an estimate on the number of individuals would actually • be requesting an identification card for door-to-door solicitations in 90 days. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.200 SOLICITORS, PEDDLERS, AND CANVASSERS, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CITY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to amend Section 4.202(3) and Section 4.205 of the ordinance as he recommended earlier. Councilmember Pitt seconded the motion. 2 7ULY 22, 2004 VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Pitt moved to adopt the ordinance as amended. Councilmember Knight seconded the motion. • VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *12.C.1. Consider an ordinance granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located within the city limits of Round Rock. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • 12.C.2. Consider an ordinance adopting the Subdivision Ordinance (revised), Chapter 8, City of Round Rock Code of Ordinances (1995 Edition). (Second Reading) Jim Stendebach, Planning Director made the staff presentation. The purpose of the amendments are to update Chapter 8, Subdivisions, Code of Ordinances (1995 Edition) to reflect current needs, update application requirements and streamline processes. To date, three focus groups with the development community were held to review and solicit input for the ordinance. The focus groups consisted of local and regional engineers, developers, utility representatives, and representatives from the Capital Area Home Builders Association. The majority of comments received from the focus groups were incorporated into the draft ordinance, or the reasons, mostly legal, as to why they could not be included in the ordinance. On April 28, 2004, at its regular meeting, the Planning and Zoning Commission held a public hearing and unanimously recommended the adoption of the ordinance. No comments were received at the public hearing. On June 24 2004 Cit Council held a public hearing at which time comments were • 9 � Y p 9 heard regarding proposed requirements for Traffic Impact Analyses and proposed requirements regulating the inclusion of floodplain in proposed lots. The public hearing was continued on July 8, 2004. Representatives from the Capital Area Home Builders Association submitted comments to the Planning Department on July 1, 2004. Staff incorporated those comments into the draft document. Comments pertained to the clarification of the extension period for 29 JULY 22, 2004 preliminary plats and to the requirements for the Phase I Environmental Assessment for dedicated park land. The following items represent the key changes to the existing Subdivision Ordinance: • Proposal to eliminate the requirement for a Concept Plan for tracts less than 5 acres within the city limits. (Section 8.204) • Proposal to eliminate public hearings for plats, with the exception of those re-plats which require a public hearing by state law. Notification and public hearing will continue to be • required for Concept Plans. (Section 8.204.6) • Proposal to include a procedure for a one cycle final plat. The procedure is identified as the "minor subdivision final plat." (Section 8.207) • Proposal to provide for administrative approval of public easement vacations. (Section 8.211) • Proposal to require a tree survey to identify significant trees at the preliminary plat stage. (Section 8.205.4) • Proposal to require mandatory parkland dedication. (Section 8.302) • Proposal to allow City Council to modify the requirements of the Subdivision Ordinance for those non-recorded subdivisions which existed in their present configuration prior to January 1, 1970. (Section 8.113) • Proposal to include a new subdivision fee structure. (Section 8.116) • Proposal to require a Traffic Impact Analysis prior to all stages of platting. (Section 8.403) • Proposal to increase street right-of-way widths to accommodate but not require the planting of street trees. Reduced setbacks were included in the 2002 Zoning Ordinance revision to accommodate the increased right-of-way widths. • Proposal to require sidewalks along streets in industrial subdivisions. (Section 8.405) • O Proposal to include separate standards for rural subdivisions. (Section 8.421) • Proposal that plats show the limits of the Ultimate 100-year floodplain for all waterways draining fifty or more acres by hatch marking the area on the plat. No fences, structures, storage or fill shall be placed within the limits of the Ultimate 100 year floodplain. No portion of the minimum lot area (6500 square feet) for any lot required by,this Code shall be located within the Ultimate 100-Year Floodplain. (8.604.Sections 1 - 6) ORDINANCE N0. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 8 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING SUBDIVISIONS; AND ENACTING REVISED SUBDIVISION REGULATIONS IN ACCORDANCE WITH THE CITY CHARTER AND THE GENERAL PLAN 2000; ESTABLISHING THE REQUIREMENTS FOR APPROVAL OF CONCEPT PLANS, PLATS, REPLATS AND VACATIONS WITHIN ITS CITY LIMITS AND EXTRATERRITORIAL JURISDICTION; DEFINING TERMS; ESTABLISHING PARKLAND REQUIREMENTS; ESTABLISHING IMPROVEMENT STANDARDS AND DESIGN PRINCIPLES; PROVIDING UNIFORM REGULATIONS FOR UTILITIES, STORMWATER DRAINAGE FACILITIES; ESTABLISHING FEES; PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember''Nielson moved to adopt the ordinance. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously: 3 JULY 22, 2004 *12.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in Mays Crossing Subdivision Eagle Ridge Subdivision Section 8 and Village at Mayfield Ranch Subdivision Phase I. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: MAYS CROSSING DRIVE AT SOUTH MAYS • STREET, MAYS CROSSING DRIVE AT NORTHBOUND IH-35 ACCESS ROAD, MOHICAN STREET AT CHEYENNE STREET, CHEYENNE STREET AT TERRA STREET, GENTLE WINDS WAY AT TURTELLA DRIVE, TURTELLA DRIVE AT FOSSILWOOD WAY, AND TURTELLA DRIVE AT MAYFIELD RANCH BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in Hidden Glen Subdivision Phase 2-A, 2-B, 3-A, and Rhodes Subdivision Section 1._(Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: WEST END PLACE AT CREEK BEND BOULEVARD, VIBAR COVE AT WEST END PLACE, LAS COLINAS WAY AT HIDDEN GLEN DRIVE,.CORONADO COVE AT LAS COLINAS WAY, CELTIC COVE AT LAS COLINAS WAY, LAS COLINAS WAY AT PLANTATION DRIVE, APOLLO CIRCLE AT CHAMPION DRIVE, CHAMPION DRIVE AT APOLLO CIRCLE, APOLLO CIRCLE AT APOLLO CIRCLE, AND KASS COVE AT APOLLO CIRCLE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.D.3. Consider an ordinance authorizing the placement of stop signs at various • intersections in Mayfield Ranch Subdivision Sections 1, 2, 3, 4, and Wood Glen Subdivision Section 8. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: MITCHELL COVE AT LAGUNA DRIVE; LAGUNA DRIVE�AT DERBY TRAIL, VISTA HILLS BOULEVARD AT DERBY TRAIL, DERBY COVE AT DERBY TRAIL, BLUE RIDGE DRIVE AT DERBY TRAIL, PINE NEEDLE LANE AT CERULEAN WAY, PINE NEEDLE LANE AT MAYFIELD RANCH BOULEVARD, NOE LANE AT MAYFIELD RANCH BOULEVARD, NOE LANE AT CERULEAN WAY, COBALT COVE AT NOE LANE, SEBASTIAN COVE AT MAYFIELD RANCH BOULEVARD, CERULEAN WAY AT BLUE RIDGE DRIVE, BRAM COVE AT CERULEAN WAY, AZUR LANE AT MAYFIELD RANCH BOULEVARD, AZUR LANE AT CERULEAN WAY, AND RIO BRISAS COVE AT CREEK BEND BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute an Agreement with Todd Publications, Inc., d.b.a. Round Rock Leader for publication of official city notices. Will Hampton, Communication Director made the staff presentation. By City Charter, the City is • required to enter into a yearly agreement with a publication of general circulation to publish all officially required notices. The City annually solicits quotes from the Round Rock Leader and Austin American-Statesman for this Charter-required contract. Required legal notices help inform citizens of City activities such as public hearings and are an important component of the City's overall communication effort. The Round Rock Leader is offering a rate of$8.50 per column inch for display ads, $7.50 per column inch for maps and illustrations inserted into JULY 22, 2004 legal notices. The Leader now runs three times a week, giving added flexibility for publication of legal notices. The Austin American-Statesman is offering a rate of $8.50 per inch for Wednesday and Friday publication in east Williamson County zone (which includes both Round Rock zip code areas.) The cost for full county coverage is $14.75 per inch on Thursdays and $16.20 on Wednesday and Friday. -- RESOLUTION NO. • WHEREAS, Section 13.02 of the Home Rule Charter for the City of Round Rock, Texas, provides that the Council shall designate a public newspaper of general circulation in the City as official publication for legal notices, and WHEREAS, the Round Rock Leader is a public newspaper of general circulation in the City, and WHEREAS, the Council is desirous of designating the Round Rock Leader as the official publication of the City, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock Leader is designated as the official publication of the City and all ordinances, notices and any other matter required to be published shall be published therein, and BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute a one year agreement with Todd Publications, Inc. dba Round Rock Leader to provide the required services at its normal and usual rates, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of July, 2004. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *13.B.1. Consider a resolution reiectin4 all bids for the South Creek Wastewater Improvements Project. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the South Creek Wastewater Improvements Project, and WHEREAS, the Council has determined that the only bid received should be rejected and the project should be re-bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the only bid received for the South Creek Wastewater Improvements Project is hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of July, 2004. 32 JULY 22, 2004 13.C.1. Consider a resolution adopting the 2004-2009 Community Development Consolidated Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The overall goal of the community planning and development program is to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate persons. 24 CRF 91 requires consolidated submissions for community planning and development programs. A • Consolidated Plan submission is required once every three or five years. RESOLUTION NO. WHEREAS, the City of Round Rock has prepared the 2004-2009 Community Development Consolidated Plan, ("Plan") which identifies how the City will use federal resources to meet priority community needs, and WHEREAS, the Plan identifies resources which will improve the lives of the City's residents by providing homeownership assistance, improving neighborhoods, providing economic opportunities, and delivering needed services, and WHEREAS, the City wishes to adopt said 2004-2009 Community Development Consolidated Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby adopts the 2004-2009 Community Development Consolidated Plan, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was.open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of July, 2004. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.D.1. Consider a resolution authorizing the Mayor to execute an Agreement with Economics Research Associates for Professional Consulting Services for a Water Park Feasibility Study. Sharon Prete, Parks and Recreation Director made the staff presentation. The Family • Aquatic Center at Old Settlers Park at Palm Valley was a project identified and funded through the 2001 General Obligation Bond Program. Site selection and master plan have been completed. The next step is to prepare an Enterprise Plan (feasibility study). This will serve as a guide in determining the size and type of facility that will be constructed. The Enterprise Plan will explore the demographics of the area 9s well as serve as a guide for phased 71 33 JULY 22, 2004 development and management and operation of the Family Aquatic Center. The scope of work consists of the following tasks: Task 1: Orientation Meeting with the City Task 2: Concept Definition Task 3: Resident Market Definition and Analysis Task 4: Tourist Market Analysis Task 5: Evaluation of Comparable and Competitive Facilities Task 6: Site Evaluation Task 7: Market Support Projections • Task 8: Physical Planning Parameters Task 9: Financial Analysis Task 10: Fiscal and Economic Impacts The cost of the study would be $24,000. Ms. Prete added that at the end of the review for Task 2, the consultant will alert the City to any potentially fatal issues that become evident and the City can choose not to continue. In response to Councilmember Coe's question, Ms. Prete responded that this firm does not build water parks. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for the development of a water park feasibility study, and WHEREAS, Economics Research Associates has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Economics Research Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services with Economics Research Associates, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551; Texas Government Code, as amended RESOLVED this 22nd day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: .`;`--None Absent: Mayor Maxwell • ACTION: The motion carried unanimOLTIV. *13.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Ronald Stockford for the purchase of right-of-way for the Red Bud Lane (CR 122) Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City desires to purchase a.0.242 acre tract of land for additional right-of- way for the Red Bud Lane (CR 122) Project, and 34 JULY 22, 2004 WHEREAS, Ronald Stockford, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate-Contract with Ronald Stockford, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 22nd day of July, 2004. 13.E.2. Consider a resolution authorizing the Mayor to execute a Right of Ent[y, Possession and Construction Easement with M&M Equities IV, Inc. for the A W Grimes Roadway Project. This item was withdrawn from the agenda at the request of staff. *13.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Austin Traffic Sianal Construction Company, LP for the installation of traffic signals at the intersections of Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard. This item was approved under the consent agenda. RESOLUTION NO. . WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Austin Traffic Signal Construction Company, LP for the installation of traffic signals at the intersections of Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is. necessary to change said Contract in • accordance with the attached Contract Change Order No: 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 2 to the Contract with Austin Traffic Signal Construction Company, LP for the installation of traffic signals at'the intersections of Mays Street at Texas Avenue and Mays Street at Old Settlers Boulevard, a copy of said same being attached hereto as Exhibit "A" and incorporated herein for all purposes. . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was. adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,:considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of July, 2004. 13.F.2. Consider a resolution authorizing the Mayor to execute a contract with Cash Construction Company for the CR 122 Street Improvements Project and the East Water Transmission Line, Phase 3-A Proiect. Tom Martin, Transportation Services Director made the staff presentation. ,This project will reconstruct CR-122 from approximately CR-123 to Forest Creek with the construction of a 16-inch Water Transmission Line, and the reconstruction of the remaining roadway from Forest Creek Drive to Gattis School Road. On July 6, 2004 the • City received 4 bids for the project. Cash Construction Co. submitted the low bid. This construction contract is for CR-122 Street improvements and the construction of the East Water Transmission Line Phase 3-A. The.cost of the contract would be $3;070,433.00. In response to Council's questions, Mr. Martin responded that the project should begin in 30-45 days, the bid is within 8% of the project estimate, and the proposed completion date is December 2005. JULY 22, 2004 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the CR '122 Street Improvements Project and the East Water Transmission Line Phase 3-A Project, and WHEREAS, Cash Construction Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Cash 'Construction Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Cash Construction Company for the CR 122 Street Improvements Project and the East Water Transmission Line Phase 3-A Project. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of July, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None • Absent: Mayor Maxwell . ACTION: The motion carried unanimously. APPOINTMENTS: 14.A. Consider 2 appointments to the Zoning Board of Adjustments. Two appointments for alternate positions are needed for a two-year term. Only one application was received which was from Roy Beard who previously served on this Board. Mayor Pro-tem McGraw opened the floor for nominations. MOTION: Councilmember Pitt moved to appoint Roy Beard by acclamation. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe ,,!,,Mayor Pro-tem McGraw • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:31•p.m. R p ctfully Submitted, Christine R. Martinez, City Secretary 3 �`6 AUGUST 12, 2004 The Round Rock City Council met in Executive Session and Regular Session on Thursday, August 12, 2004, in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER - 6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City • Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSION: Mayor Maxwell read each of the Executive Session items. The Council then left the dais and proceeded to the Executive Chamber for the Executive Session. 3.A. Consider Executive Session as authorized by X551.072 Government Code, related to the purchase of Right of Way for Palm Valley Lutheran Church for the Highway 79 project. Mayor Nyle Maxwell opened the Executive Session for this item at 6:05 p.m. and adjourned at 6:40 p.m. 3.13. Consider Executive Session as authorized by $551.072 Government Code, related to the purchase of a Right of Entry, Possession and Construction Easement with Martin J. Cirkiel and Pamela Cirkiel for the A.W. Grimes Roadway Proiect. Mayor Nyle Maxwell opened the Executive Session for this.item at 6:41 p.m. and adjourned at 6:43 • p.m. 3.C. Consider Executive Session as authorized by X551.072 Government Code, related to the purchase of 2.548 acres of right-of-way from Cressman Enterprises, L.P. for the Highway 79 Expansion .Project. Mayor Nyle Maxwell opened the Executive Session for this item at 6:44 p.m. and adjourned at 6:46 p.m. 3.D. Consider Executive Session as authorized by 5551.072 Government Code, related to the purchase of 1.975 acres of right-of-way from Cressman Enterprises, L.P. for the Arterial "A" Project. Mayor Nyle Maxwell opened the Executive Session for this item at 6:47 p.m. and adjourned at 6:56 p.m. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Nyle Maxwell called the Regular Session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Mayor Nyle Maxwell led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: 3 �-7 AUGUST 12, 2004 Nancy Yawn the City's s Convention and Visitors Bureau Director, reported that the unveiling of the "Game On" Sports Capital Marketing Campaign will take place on August 13 2004 at the Dell Diamond. The following individuals expressed their concern on the closing of Fire Station No. 2. Tim Francis, 201 West St., Hutto, TX, Round Rock Firefighter • Dorothy Pistole, 2201 Stirrup Drive Les Albin, 1505 Circle Drive Jennifer Bolton, 609 Deerfoot Drive Billy Colburn, P.O. Box 491, Martindale, Round Rock Firefighter Dennis Kincholoe, 407 Fox Crossing, Burnet, Round Rock Firefighter David Murry, 402 Deerfoot Circle Joe Clifford, 303 W. Liberty Avenue, Reid's Cleaners Katherine Merger, 206 W. Main, Suite 101 Derick Zwerneman, 905 East Liberty Avenue, Austin Firefighter Jesus Franco, 208 S. Blair Street Rob Eggeling, 2016 Old Mill Road, Cedar Park, Round Rock Firefighter, read a prepared statement that expressed his concern on the closing of Fire Station No. 2. • Beth Carlile, 2612 Sinclair Street asked the Council to find a way to keep Fire Station No. 2 downtown and build one in the northern part of the City. Karl Falken, 501 S. Lake Creek Drive relayed some ideas to resolve the concerns expressed regarding Fire Station No. 2. Clarence Warren, 3923 Orion, expressed his concern that there was not a fire station in the northern part of the City. Carl Weeks, 1500 Greenfield expressed his opinion of the necessity of the fire station on his side of town but also thanked the Council for being fiscally responsible. Kelly Oehler, 1145 Forest Bluff Trail, signed up to speak on Fire Station No. 2 but chose not to come forward. Karl Sittre, 3300 Gattis School Road, signed up to speak on Fire Station No. 2 but chose not to come forward. Mayor Maxwell relayed to the individuals in attendance that the Council was recently • briefed on this issue and that no final decisions have been made. Staff has been meeting with the firefighters on a regular basis regarding this issue and that this is still in the early stages of discussion. Crystal Wilcox, 1809 Taron Cove, President of EI Amistad Women's Association, invited the Council to The Amistad Women's Organization's first annual Round Rock Hispanic Youth Conference on October 16, 2004. AUGUST 12, 2004 Ruth Koughan, 211 Round Rock Avenue, thanked the City's Transportation Department for re-stripping the eastbound lanes of Round Rock Avenue at its intersection with Mays Street to a left/straight lane and a right turn only lane onto Mays Street. She also thanked the Council, staff, and firefighters for all of their hard work on getting all of the facts regarding Fire Station No. 2. PRESENTATIONS: • 8.A.1. Consider a presentation of the Transportation Capital Improvement Program (TCIP) quarterly report regarding transportation system improvements. Tom Martin, Director of Transportation Services made the staff presentation. The TCIP is a three-year spending plan for improvements to major roads and arterials in the City. Funding for this plan is provided through the 1/2 cent sales tax established for the purpose of transportation improvements. Mr. Martin gave an overview of the following report. Board Activities • Approved Proposed Operating Budget which was approved by Council on November 13, 2003 • Addressed Amendment No. 8 • Held Public Hearing • Approved Amendment which was approved by Council on November 13, 2003 • Addressed Amendment No. 9 • Held Public Hearing • Approved Amendment which was approved by Council on January 22, 2004 Future Activities • Amendment No. 10 • • Streamline Sales Tax • Street Lighting for Arterials Proiect Status - Planning • Arterial "C" • Double Creek Drive Phase II • Greenlawn Interchange • Traffic Signals • RM 620 and Round Rock Hospital • Arterial "S" Project Status - Design • Arterial "A" (90%) • A.W. Grimes Phase II (95%) • CR 122/Red Bud Lane Phase III (40%) • IH 35 Area Improvements • IH 35 Frontage Road Collector/Distributor & Hester's Crossing Bridge Replacement (35%) • Kiphen Road Phase II (90%) • RM 620 Grade Separation • US 79 (90%) • Traffic Signals - McNeil and St. Williams (98%) McNeil and Oakridge (98%) • Project Status - Land Acquisition • A.W. Grimes Boulevard Phase II • Red Bud,Lane/CR 122 Phase III • US 79 • FM 1460 Project Status - Utility Adjustment • A.W. Grimes Phase II - Private Utilities • US 79 - Private Utilities • Forest Creek Drive - Private Utilities 1 3 .9 AUGUST 12, 2004 Project Status - Bidding • Double Creek Drive Phase IB • Forest Creek Drive • Kiphen Road Phase I Project Status - Construction • FM 1460 - TxDOT Managed Project Project Status - Complete FY 03/04 • SH 45 Right-of-Way Acquisition • Traffic Signal Coordination • Double Creek Drive Phase IA • Traffic Signals N. Mays Street and Old Settlers Boulevard N. Mays Street and Texas Avenue Proposed New Proiects • Traffic Signals - RM 620 at Round Rock Hospital - Gattis School Road at Double Creek - Gattis School Road at Via Sonoma - Old Settlers Boulevard at Sunrise • CR 122/Red Bud Lane - Phase I - Phase II • Feasibility Study - RM620/US79 Corridor 8.A.2. Consider a presentation regarding options for the review and issuance of driveway permits on State highways in the City limits. Tom Martin, Director of Transportation Services made the staff presentation. Last year, the Texas Department of Transportation (TxDOT) revised Subchapter C of their Transportation Code to implement a • new policy on Access Management with regard to permitting of driveways on State Highways. In this new policy, three options were made available to municipalities for issuance of driveway permits on State Highways within the municipality's limits. These options include 1) total control of the permitting process; 2) partial control of the permitting process with TxDOT issuing permits using the municipalities access management rules; or 3) allow TxDOT total control to issue permits (status quo). Assumption of the Access Management would allow City to have more control over the location of driveways, especially during the development process. Mr. Martin outlined the following. What is Access Management? • Access Management involves the systematic location, spacing and design of driveways, median openings and street connections to facilities. • Access Management provides vehicular access to land development that preserves the safety and efficiency of the Transportation System. Benefits of Access Management • • Improved Safety • Reduced Congestion • Improved Mobility • Extension of Roadway Life • Preservation of Public and Private Investments City Approach to Access Management • In the recently approved revisions to the Subdivision Ordinance, the Public Works Department developed Design and Construction Standards (DACS). • As a part of the DACS, a Transportation Criteria Manual (TCM) was developed. • The TCM includes comprehensive Standards and Guidelines for the design and placement of driveways, median openings and other features related to Access Management. ,4 AUGUST 12, 2004 • These Standards and Guidelines are directly linked to roadway classifications, • The TCM is not applicable to the State Highway System. What About The State Highway System? • Until last year, TxDOT was exclusively responsible for Access Management through its Driveway Permitting Process. • On September 25, 2003, as a result of Senate Bill 361, the Texas Transportation Commission adopted new rules on Access Management. • Effective January 1, 2004, TxDOT implemented Access Management as its policy for driveway permitting on State Highways. • • As a part of this policy, municipalities are afforded several alternatives concerning Access Management on. State Highways. - Status Quo - Develop an Engineered Access Management Rule. (Municipality issues permits.) - Allow TxDOT to issue permits based on a municipality's approved Access Management Rules. What's Next? • At the September 9, 2004 Council Meeting, an ordinance will be presented, adopting the proposed City of Round Rock Access Management Manual for State Highways. • On approval, this ordinance, along with the proposed Manual, will be submitted to TxDOT with a request to establish a date for the City to assume responsibility for access management on State Highways within the city. limits. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) to re-adopt Section 1.1700.1, After-School Recreation Program Standards of Care. Sharon Prete, Parks and Recreation Department Director made • the staff presentation. The ordinance is for the After-School Recreation Program Standards of Care which was adopted in January 2004 and expired on July 31, 2004. The Standards of Care need to be re-adopted on an annual basis in order to exempt the Parks and Recreation Department After-School Recreation Program from State child-care licensing requirements. In the future, the annual review and renewal of the Standards of Care will occur before the beginning of the school year. Mayor Maxwell opened the Public Hearing. There being no public testimony, the public hearing was closed. 9.B.1. Consider public testimony regarding the proposed amendments to Chapter 11, Zoning of the Round Rock Code of Ordinances (1995 Edition) to wit: establishing three new Public Facilities Districts to replace the current single Public Facility District. Jim Stendebach, Planning.Director made the staff presentation. Since the 2002 Zoning • Ordinance was adopted, staff has found the application of the Public Facilities (PF) zoning district to be problematic, specifically with respect to church tracts, because all requests for rezoning must be accompanied by an approved Traffic Impact Analysis (TIA). The TIA is prepared under the assumption that the tract will be developed according to most intense use. The most intense use in the current PF-dist I rict is "office medical."_ To require low to mid intensity churches to prepare a TIA to meet the demands of an office medical building, 41 AUGUST 12, 2004 or even a hospital, is impractical and onerous since churches consistently generate off-peak traffic. In November 2003, the Council approved a restrictive covenant for the Westside Church of Christ in order to place square footage limitations on its proposed expansion. The .restrictive covenant provided the City with assurance that the tract would not be utilized for • a more intense PF use in the future without an approved TIA. Over the long term, the continued preparation and review of restrictive covenants to accommodate low to mid intensity PF uses will become administratively burdensome for both staff and the Council. Accordingly, staff is proposing to separate the existing PF district into three districts: PF-1, PF-2, and PF-3. The PF-1 district will consist of low intensity uses, the PF-2 district will consist of medium intensity uses, and the PF-3 district will consist of all uses currently permitted in the existing PF district. Accordingly, tracts currently zoned PF will transition into the PF-3 district. The separation of the existing PF district into three districts, with varying levels of intensity, will provide relief for low-mid intensity PF uses. These uses will be zoned at a ,lower intensity, thus releasing them from TIA requirements and possible road improvements associated with larger development proposals. • Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 9.B.2. Consider public testimony regarding an application filed by First Baptist Church to rezone 3.438 acres of land from PUD (Planned Unit Development) and District SF- C (Single Family-Standard Lot) to District PF-2 (Public Facilities-Medium Intensity). (First Baptist Church) (306 Round Rock Avenue) Jim Stendebach, Planning Director made the staff presentation. The First Baptist Church wishes to expand its facilities to provide space for religious education and for a mother's day out program. The church expansion proposes approximately 17,500 square feet of accessory use as defined by the Zoning Ordinance. Staff recommended the proposed PF-2 (medium intensity) district to accommodate the church facility since it allows up to 20,000 square feet of accessory use. Approximately 3 acres of this 3.438 acre tract was zoned Planned Unit Development (PUD) in 1993. The intent behind the development of the PUD was to assist the First • Baptist Church in delineating boundaries for its church campus and to establish perimeter landscaping requirements. The remaining .5 acres is currently zoned SF-2. At present, the existing PUD allows for an unlimited amount of square footage for church facilities. By dissolving the PUD established in 1993, the church's facilities will come into conformity with the City's Zoning Ordinance, provided the City Council approves the proposed PF-2 (Public Facilities - Medium Intensity) zoning district. On July 7, 2004, the Planning and Zoning 42 AUGUST 12, 2004 Commission rendered a favorable recommendation to rezone the tract. Its recommendation is on the condition of final adoption of the proposed PF-2 District by City Council. Development standards contained in the proposed PF-2 district, including landscaping and buffering requirements, exceed those originally adopted by the PUD. Mayor Maxwell opened the public hearing. Daniel Kolar, 10510 Lockerbie Drive, Austin, spoke against the zoning change • because the area will become unsafe due to the increased amount of traffic. He said that he owns rental property adjacent to the tracts that will be rezoned. He owns the parcel of land that shares the property line with the parking lot at the northeast corner of the parking lot, locally known as 303 W. Anderson. His main concern is that traffic heading eastbound on W. Austin Avenue are driving through the parking lot as a shortcut to get to Anderson. In addition, he would like to see the plans for the tract. Ruth Koughan, 211 Round Rock Avenue, expressed her concern regarding the size of the Church once it has been completed. There being no further public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. No items were removed from the consent agenda. • *11.A. Consider approval of the City Council minutes for the July 20, 2004 Work Session and the July 22, 2004 Regular Session. *12.A.1. Consider an ordinance amending Chapter 4, Section 4.200 of the Round Rock Code of Ordinances, Solicitors, Peddlers, and Canvassers. (Second Reading) *13.A.1. Consider a resolution authorizing the closing of streets on August 21, 2004 for the "5K for Clay" fun run/walk. *13.6.1. Consider a resolution authorizing the City Manager to submit the necessary grant application to the Texas Forest Service for a grant to fund an Arborist position. .*13.D.1. Consider a resolution authorizing the Mayor to execute a Retail Advertising Contract with the Austin American-Statesman for advertising and publication of public notices. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: AUGUST 12, 2004 *11.A. Consider approval of the City Council minutes for the July 20, 2004 Work Session and the July 22, 2004 Regular Session. This item was approved under the consent agenda. ORDINANCES: *12.A.1. Consider an ordinance amending Chapter 4, Section 4.200 of the Round • Rock Code of Ordinances, Solicitors, Peddlers, and Canvassers. (Second Reading,? This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.200 SOLICITORS, PEDDLERS, AND CANVASSERS, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CITY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 12.B.1. Consider an ordinance amending Chapter 1 of the Round Rock Code of Ordinances (1995 Edition) to re-adopt Section 1.1700.1, After-School Recreation Program Standards of Care. (First Reading) Sharon Prete, Parks and Recreation Department Director made the staff presentation during the public hearing portion of the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, RE-ADOPTING SECTION 1.1700.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH STANDARDS OF CARE FOR THE PARKS AND RECREATION DEPARTMENT'S AFTER-SCHOOL RECREATION • PROGRAM IN ORDER TO EXEMPT THE AFTER-SCHOOL RECREATION PROGRAM FROM STATE CHILD-CARE LICENSING REQUIREMENTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.C.1. Consider an ordinance amending Chapter 11, Zoning of the Round Rock Code of Ordinances (1995 Edition) to wit: establishing three new Public Facilities Districts to 4 4 AUGUST 12, 2004 replace the current single Public Facility District. (First Reading) Jim Stendebach, Planning Director made the staff presentation during the public hearing portion of the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.400, 11.415, 11.423, 11.802 AND APPENDIX A, AND ADDING SUBSECTIONS 11.415.1 AND 11.415.2 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,.TEXAS,,TO ESTABLISH THREE PUBLIC FACILITIES DISTRICTS INSTEAD OF A SINGLE PUBLIC FACILITIES DISTRICT TO BE KNOWN AS PF-1 (PUBLIC FACILITIES - LOW INTENSITY), PF-2 (PUBLIC FACILITIES - MEDIUM INTENSITY) • AND PF-3 (PUBLIC FACILITIES -' HIGH INTENSITY); ESTABLISH PERMITTED USES, PERMITTED USES WITH CONDITIONS AND INTENSITY STANDARDS WITHIN EACH PUBLIC FACILITIES DISTRICT; ADD THE DEFINITIONS OF •"OFFICE, PUBLIC" AND "PARKING, GENERAL"; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously.' MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. S VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.C.2. Consider an ordinance rezoning 3.438 acres of land from PUD (Planned Unit Development) and District SF-2 (Single Family-Standard Lot) to District PF-2 (Public Facilities-Medium Intensity).(First Baptist Church) (306 Round Rock Avenue) (First . Reading) Mayor Pro-tem McGraw disclosed that he would be abstaining from the discussion and vote on this item due to a business relationship with one of the parties involved. Jim Stendebach, Planning Director made the staff presentation during the public hearing portion of the meeting. The Council asked that the square footage of the'intended • use be provided at the next meeting when the second reading will be addressed along with any additional information on the proposed development. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE-OF. ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3.438 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AND DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT) TO DISTRICT PF-2 (PUBLIC FACILITIES-MEDIUM INTENSITY). _45 Y t•� AUGUST 12, 2004 MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Abstain: Mayor Pro-tem McGraw ACTION: The motion carried with 6 ayes and 1 abstention. RESOLUTIONS: *13.A.1. Consider a resolution authorizing the closing of streets on August 21, 2004 for the "5K for Clay" fun run/walk. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that the following streets be closed on August 21, 2004 from 7:45 a.m. to 10:00 a.m. for the "5K for Clay" fun run/walk: the northernmost westbound lane of Gattis School Road from A.W. Grimes Boulevard to Greenlawn Boulevard; the easternmost northbound lane of. Greenlawn Boulevard from Gattis School Road to Greenslopes II Park; and the westernmost southbound lane of A.W. Grimes Boulevard from its bridge crossing Lake Creek to Gattis School Road, and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which. this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. *13.B.1. Consider a resolution authorizing the City Manager to submit the necessary grant application to the Texas Forest Service for a grant to fund an Arborist position. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Texas Forest Service has grant funds available through the Urban Forestry Partnership Grant Program, and WHEREAS, the City Council wishes to make application for the available grant funds for the continued funding of an Arborist, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. 13.C.1. Consider a resolution authorizing the Mavor to execute an agreement with Pena Swayze &Co., L.L.P. for the annual audit for the fiscal year ending September 30, 2004. Cindy Demers, Finance Director made the staff presentation. The City's Charter requires that an annual audit of the financial records to be performed by an independent certified public accountant. The objective of the audit is the expression of an opinion as to .4-6 AUGUST 12, 2004 whether the City's general-purpose financial statements are fairly presented in conformity with generally accepted accounting principles. Other objectives include reporting on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements in accordance with Government Auditing Standards and Single Audit Act requirements. Staff recommended that Pena Swayze & Co., L.L.P. conduct the annual audit. She added that this local firm has a history of providing the • City with outstanding audit service and has exhibited a high level of quality control and professional standards. The firm also provides valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls, policies and procedures. Additionally the firm will continue to be a valuable resource for the required new financial reporting model. The cost of the contract is $90,000. RESOLUTION NO. WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm 'of Pena Swayze & Company has submitted an agreement to provide said audit for the fiscal year ending'September 30, 2004, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Pena Swayze & Company to conduct said audit, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which. this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times- during which this Resolution and the subject matter hereof were discussed,. considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved,to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.13.1. Consider a resolution authorizing the Mayor to execute a Retail • Advertising Contract with the Austin American-Statesman for advertising and publication of public notices. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for services for advertising and publication of public notices, and WHEREAS, the Austin American-Statesman has submitted a Retail Advertising Contract to provide said services, and WHEREAS, the City Council wishes to enter into said Retail Advertising Contract with the Austin American-Statesman, Now Therefore 47 AUGUST 12, 2004 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Retail Advertising Contract with the Austin American-Statesman for advertising and publication of public notices, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 12th day of August, 2004. 13.D.2. Consider a resolution authorizing the Mayor to execute an Agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal for professional lobbying services. Steve Sheets, City Attorney made the staff presentation. For the past several years, the City has retained professional lobbying services from Randy C. Cain and Susan Rocha. They have been instrumental with legislative issues such as Streamlined Sales Tax and higher education issues associated with the Round Rock Higher Education Center (RRHEC). In the next regular session, the public school finance lawsuit will be a major issue concerning city appraisal caps including reviewing the revenue caps as well. The City would like to continue using their services through 2008. The cost of the agreement is $110,000 per year for 2004-2006 and $121,000 per year for 2006-2008. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional lobbying services, and WHEREAS, Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal have submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a letter of agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal for professional lobbying services, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. AUGUST[' 12, 2004 13.E.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Huggins/Seiler &Associates L.P. for the development of plans specifications, and estimates for a Collector/Distributor roadway at IH-35 and Hesters Crossing. Tom Martin, Director of Transportation Services made the staff presentation. The work that will be performed under this contract will consist of providing engineering services required for the development of Plans Specifications & Estim ate (PS&E) for a • Collector/Distributor roadway at IH 35 and Hesters Crossing. The proposed PS&E also consists of the replacement of the Hester's Crossing Bridge over IH 35, revisions to Hester's Crossing west to Rawhide Drive and the construction of Dell Way Boulevard tie at Mays Street. The Texas Department of Transportation will use the PS&E for letting and construction. The cost of the contract is $806,022.80. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the development of plans, specifications, and estimates for a Collector/Distributor roadway at IH-35 and Hesters Crossing, and WHEREAS, Huggins/Seiler & Associates, L.P. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Huggins/Seiler & Associates, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services . with Huggins/Seiler & Associates, L.P., for the development of plans, specifications, and estimates for a Collector/Distributor roadway at IH-35 and Hesters Crossing, a copy of said contract being attached hereto as Exhibit 'W' • and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public 'as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,_ Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem.McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor,Maxwell Nays: None ACTION: The motion carried unanimously. 13.E.2. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan (TCIP). Tom Martin, Director of Transportation Services made the staff presentation. The Transportation Capital Improvement Program (TCIP) is a three-year spending plan for improvements to major roads and arterials in the City. Funding for this 4,9 AUGUST 12, 2004 plan is provided through the 1/2 cent sales tax established for the purpose of transportation improvements. The cost of the amendments is $4,733,575. The TCIP is being amended as follows: • To increase the budget for the Arterial "A" due to increased acquisition cost for right- of-way. • To increase the budget for Forest Creek due to a construction bid amount higher • than the estimate. • To provide funding for a feasibility study for possible alternatives to alleviate traffic congestion in the RM 620/US 79 (Palm Valley Boulevard) corridors. • To decrease the budget for Prime Strategies. • To provide funding for construction of the Red Bud Lane Project; CR 122 Phase 1 and Phase 2, due to a 2001 GO Bond funding shortfall.. • To increase the budget for the Red Bud Lane, CR122 Phase 3, design services for dividing the design into two construction phases. • To increase the budget for traffic signals at four (4) additional intersections. • Increase the budget for the US 79 Widening Project, FM 1460 to CR 195, due to increased right-of-way acquisition-cost, a construction bid amount higher than the estimate, and the construction of a drainage culvert. • Increase the budget for Transportation Consulting. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation • ("RRTSDC") has previously adopted a Transportation Capital Improvement Plan ("Plan"), and WHEREAS, the RRTSDC wishes to amend said Plan, and WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be approved by the City.Council, and WHEREAS, the City Council wishes to approve said amendments to the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the amendment to the Transportation Capital Improvement Plan approved by the Round Rock Transportation System Development Corporation, which is attached hereto as Exhibit "A", is hereby approved. - The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None . ACTION: The motion carried unanimously. ,;5 :0 AUGUST 12, 20.04 13.E.3. Consider a resolution authorizing the Mayor to execute a contract with K-B Contract Cleaning for ianitorial services. Tom Word, Director of Public Works Operations made the staff presentation. The City received 13 proposals for janitorial services. A committee of staff members from Public Works, Building Maintenance, Parks and Recreation and Purchasing Departments reviewed the proposals. After the initial review, the top two .finalist, Clean Across Texas and KB Contract Cleaning were interviewed by a committee of • staff members from Public Works, Building Maintenance, Purchasing, Administration, Library, Parks and Recreation, Transportation and the City Manager. The staff members recommended that KB Contract Cleaning be.awarded the contract. This contract will provide janitorial services for 12 city buildings. In addition to janitorial services, the bid also includes additional services requested as well as carpet cleaning & extracting. This contract is for a one-year period, with three additional option periods at the City's discretion. The cost for services is $ 173,018.04 (Year 1), $ 173,061.29 (Year 2), $ 173,104.55 (Year 3), and $ 173,147.83 (Year 4). After the first year the Council will have the option to continue for the remaining three years or enter into another contract with a different vendor. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for janitorial services, and WHEREAS, Texas Local Government Code, Section 252.043(a) provides that the • contract may be awarded to the bidder who provides goods or services at the best value for the City, and WHEREAS, Texas Local Government Code, Section 252.043(c) requires that before awarding the contract, the City must indicate in the bid specifications that the contract will be awarded to the bidder who provides goods or services at the best value for the City, and WHEREAS, the City has complied with the mandates of.the statute by indicating in the Invitation for Bid that "All bids received shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following criteria: Bid price; Reputation of the bidder and of bidder's goods and services; The quality of the bidder's goods or services; The extent to which the goods or services meet the City's needs; Bidder's past relationship with the City; and any relevant criteria specifically listed in the solicitation", and WHEREAS, K-B Contract Cleaning, Inc: has submitted the bid which provides the best value for the City, and WHEREAS, the City Council wishes to accept the bid of K-B Contract Cleaning, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Janitorial Services with K-B Contract Cleaning, Inc., a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the publicas as required by, law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,.Texas Government Code, as • amended. . RESOLVED this. 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve.the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson i AUGUST 12, 2004 Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None - °- - ACTION: The motion carried unanimously. 13.F.1. Consider a resolution authorizing the Mayor to execute a Contract for • Engineering Services with RJN Group, Inc. for the Wastewater Collection System Inspection of two Non-Edwards Aquifer Basins. Tom Clark, Water and Wastewater Utility Department Director made the staff presentation. This contract is to provide television inspection analysis and reports on the City's wastewater collection system in two basins (BC07 and LC12). Elimination of defects will reduce inflow & infiltration entering the system; thereby reducing the City's treatment cost to the Lower Colorado River Authority and Brazos River Authority, who own and operate the Brushy Creek Regional Plant. Inspecting all wastewater collection systems within the City of Round Rock will keep our wastewater treatment cost down. The Council approved the original agreement with RJN Group, Inc. on September 11, 2003. The contract expired on May 31, 2004. It has become necessary to prepare a new contract in order to continue the services. There is no additional funding involved with this new contract. The balance remaining on the original contract is • $32,146. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Wastewater Collection System Inspection of two Non-Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc. for the Wastewater Collection System Inspection of two Non-Edwards Aquifer Basins, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe 52 AUGUST 12, 2004 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. v 13.F.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the Wastewater Collection System Rehabilitation of two Edwards Aquifer Basins. Tom Clark,'Water.and Wastewater Utility Department Director made the staff presentation. This contract is to develop construction • plans for rehabilitating the wastewater collection system in Basins OC31 and CC36. The schedule of repairs includes one line replacement, 56-point repairs, and repair of 150 manholes. Approximately 65,782 gallons per day of infiltration and inflow will be eliminated with the completion of the project. In addition, this project will include the replacement of approximately 2,000 linear feet of 18-inch wastewater line in Basin LC09. Elimination of defects will reduce inflow & infiltration entering the system; thereby reducing the City's treatment cost to the Lower Colorado River Authority and Brazos River Authority, who own and operate the Brushy Creek Regional Plant. Most importantly we are required under TCEQ — Edwards Aquifer Rules to inspect and test all wastewater collection systems, which will help keep our wastewater treatment cost down. The Council approved the original agreement with RJN Group, Inc. on April 24, 2003. The contract expired on May 31, 2004. It has become necessary to prepare a new contract in order to continue the services. There is no additional fundinginvolved with this new contract. The balance of h • the original contract is $12,590.60. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Wastewater Collection System Rehabilitation of two Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted 'a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc: for the Wastewater Collection System Rehabilitation of two Edwards'Aquifer Basins; a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public .as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved'to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor'Pro-tem McGraw Councilmember Pitt. 5 '3 AUGUST 12, 2004 Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.F.3. Consider a resolution authorizing the Mayor to execute a contract with Lewis Contractors. Inc. for the Relocation of a Raw Waterline at State Highway 29 and County • Road 265. Tom Clark, Water and Wastewater Utility Department Director made the staff presentation. The Texas Department of Transportation is proposing to widen State Highway 29 in Georgetown and the City will be required to relocate its Raw Water Line currently located on the north side of the highway. Under this contract, approximately 5,400 linear feet of a 42-inch water line will be installed and the existing 30" pipeline will be removed. Total cost of the project including Engineering, Surveying and Right of Way Acquisition is $ 2,638,090.00. On July 27, 2004 six bids were received for the Relocation of the Raw Water Line at SH 29 & CR 265 Improvements Project and the low bid of $1,921,913 was from Lewis Contractors, Inc., with an average bid amount of $2,522,438.05. Based upon the review of the bids by staff and CDM Engineering, Inc. staff recommended award of the bid to Lewis Contractors, Inc. in the amount of$1,921,913.00. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the relocation of a raw water line at State Highway 29 and County Road 265, and WHEREAS, Lewis Contractors, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Lewis Contractors, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Lewis Contractors, Inc.'for the relocation of a raw water line at State Highway 29 and County Road 265. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted-was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, ,considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember • Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 5 AUGUST 12,' 2004 13.G.1. Consider a resolution authorizing the Mayor to execute a Right of Entry Possession and Construction Easement with Martin ]. Cirkiel and Pamela Cirkiel for the A.W. Grimes Roadway Project. -Steve Sheets, City Attorney made the staff presentation. This easement will improve traffic mobility in Round Rock. The cost of the easement is $235,479.00. RESOLUTION NO. WHEREAS, the City desires to acquire 1.20 acres of land for the A.W. Grimes roadway project, and WHEREAS, Martin J. Cirkiel and Pamela Cirkiel, the owners of the property ("Owners"), have agreed to allow possession-of said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL..OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Right of Entry, Possession and Construction Easement,with Owners, for the use of the above described property, a copy of said agree_ment being ,attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem • McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor:Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor'.Maxwell Nays: None ACTION: The motion carried unanimously. 13.G.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Cressman Enterprises, L.P. for the purchase of 2.548 acres of right-of-way for the Highway 79 Expansion Project. This item was withdrawn from the agenda at the request of staff. 13.G.3. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Cressman Enterprises, L.P. for the purchase of 1.975 acres of right-of-way for • the Arterial "A" Project. This item was withdrawn from the agenda at the request of staff. Mayor Maxwell dispensed with the order of the agenda and addressed the following item. 13.G.5. Consider a resolution authorizing the Mayor to execute a consent to the Assignment of the Behrens Ranch Development Agreement. Steve Sheets, City Attorney made the staff presentation. The Development Agreement allows the Developer to assign the Development Agreement, subject to the City's consent, which shall not be unreasonably 5 -5 AUGUST 12, 2004 withheld. i Section 9(j) of the Development Agreement Bement between the Cit and Behrens Ranch (]) P 9 Y , Ltd. provides that said Agreement may be assigned by the Developer, subject to City Council approval. This consent would be at no cost to the City. Following are responses PP Y 9 P from the developer Jim Meredith. from Council questions. • There is no new entity it is the same ownership. • This is related to a refinance of the last two phases of the development with a • new lender The new entity is receiving reimbursement from the bonds • The lender is driving it because they want it as collateral. • All obligations of the development agreement have been met under the agreement. • Everything in the PUD is complete. RESOLUTION NO. WHEREAS, the City of Round Rock (`City") has previously entered into a Development Agreement with Behrens Subdivision, Ltd. ("Original Developer"), and WHEREAS, the City has consented to the assignment of said Agreement to Behrens Subdivision N.G., Ltd.("New Developer"), a Texas limited partnership, and WHEREAS, the New Developer now desires to assign the rights to reimbursement of funds under said Development Agreement to Texans Commercial Capital, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a consent to the Assignment of Development Agreement Rights, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.G.4. Consider a resolution authorizing the Mayor to execute a consent to the • Assignment of Development Agreement Rights as provided in the Behrens Ranch Development Agreement. Steve Sheets, City Attorney made the staff presentation. Texans Commercial Capital, LLC is a new lender for the Behrens Ranch Subdivision, owned by Behrens Subdivision, N.G., Ltd. Behrens Subdivision, N.G. Ltd. desires to additionally collateralize its loan by assigning reimbursements for public improvement to Texans Commercial Capital, LLC. Under the Behrens Ranch Development Agreement entered into by and between Behrens Subdivision, Ltd. and the City, the Developer is entitled to 56 AUGUST 12, 2004 reimbursement for public improvements constructed pursuant to said Agreement. This consent would be at no cost to the City. Councilmember Pitt asked the City Attorney if it would be a conflict of interest for her to vote on this item due to her business as a builder. Mr. Sheets responded that it would not be a conflict since the item concerned is only for the assignment of development agreement rights. • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement with Behrens Subdivision, Ltd. ("Original Developer"), and WHEREAS, Developer wishes to convey all rights, title and interest in said Agreement relating to Behrens Subdivision N.G., Ltd.("New Developer"), a Texas limited partnership, and WHEREAS, Section 9.(j). of the Agreement requires that any assignment of the Agreement by the Developer be consented to by the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a consent to the Assignment of Development Agreement, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor,Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Maxwell informed citizens that due to an overwhelming.response of applicants for the Mayor's Council on Fitness, he will not be appointing members to the board at this time. He will review the applications with Sharon Prete, Parks and Recreation.Director and • Paul Carrozza, owner of RunTex. A decision will be made by the next Council meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 p.m. spectfully Submitted FJ Christine R. Martinez, City Secretary t, 57 AUGUST 18-19, 2004 The Round Rock City Council met in Work Session and Regular Session on Wednesday, August 18, 2004 and Thursday, August 19, 2004 at the Texas Disposal Systems Pavillion, 12200 Carl Road, Creedmoor, TX. CALL WORK SESSION TO ORDER - 8:00, M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan • McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were the following staff members: City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Executive Director of Community Development Joe Vining, Chief of Public Works Operations Tom Word, Deputy Fire Chief Rocky Garzarek, Chief of Police Bryan Williams, Parks and Recreation Department Sharon Prete, Communications Directors Will Hampton, Director of Utilities Tom Clark, and Director of Transportation Tom Martin, Human Resources Director Teresa Bledsoe, Library Director Dale Ricklefs, Planning Director Jim Stendebach, Danny Halden City Engineer, and Convention and Visitors Bureau Director Nancy Yawn. WORK SESSION: 3.A. Consider welcoming remarks and presentation from the Texas Disposal System • (TDS). The Texas Disposal Systems, Inc. (TDS), was founded in 1977 by brothers Bob and Jim Gregory. Their commitment to customer satisfaction and environmental preservation, has made TDS the largest independently owned, solid waste collection and disposal company in Austin and central Texas and one of the largest in the nation. The Gregory's founded the company with only $10,000, one customer, one truck and plenty of determination. TDS now has offices in Austin, San Antonio and Georgetown, as well as the TDS landfill, recycling and compost facility. TDS opened the state's first totally integrated landfill in 1991. The landfill conducted compost production and recycling operations from the start. Texas Disposal Systems Exotic Game Ranch and Pavilion is used as a working ranch and invited guest entertainment facility operation. The ranch land is comprised of land that is under permit for future landfill expansion and a portion of the buffer zone next to the landfill and compost operations. The wildlife reserve is used primarily for animal production and sale to other ranches as well as endangered species conservation. • 3.6. Consider presentation and discussion regarding the Council goals, the Strategic Plan and the Strategic Calendar. Jim Nuse outlined the summary of the Strategic Calendar, which contained completed and ongoing projects. He proceeded to give an overview of the Strategic Plan that was based on guidance from the Council's 2003 August work session. He noted that this version is based heavily on six primary goals the Council established, in order of its priority. 1) Diversify the Economic Base 2) Focus on the Northeast Plan 5 AUGUST 18-19, 2004 3) Enhance the Image and Appearance 4 Enhance Personal Mobility 5) Develop and Employ a Major Retail Strategy 6) Address Issues on our"Edges" that Impact Round Rock The revised Strategic Plan includes the first four items above as major goals. In developing the Plan, it was felt that a major retail strategy was part of diversifying the economic base and is an objective in Goal 1. The "edges" issue is incorporated in Goals 2 and 3. The new recommended goals are: • Goal 1 - Retain and expand the economic base, diversify the local economy, provide greater employment opportunities, and provide access to a broader range of goods and services for residents and non-residents. Goal 2 - Review the General Plan with emphasis on the Northeast Quadrant of the city to provide for educational, business, residential, and retail uses. Goal 3 - Improve the image and appearance of Round Rock Goal 4 - Plan and facilitate the City's transportation systems, at the local and regional level, to improve traffic flow and personal mobility. Goal 5 - Plan and implement effective and efficient services within the City financial capacity to meet the needs of residents, customers and employees. Goal 6 - Communicate openly and effectively with citizens, employees, the media, public and private organizations, and visitors. This will be a transitional plan for the next two years. 3.C. Consider presentation and discussion regarding economic development and tourism. Charlie Dromgoole, President of the Chamber of Commerce gave a brief overview • of the Round Rock Chamber of Commerce Economic Development Partnership. Scott Martinez, Vice-President-Economic Development gave a brief overview of the Strategic Budget, Strategic Plan for Economic Development and economic development competition. Mr. Dromgoole reported that the new Director of Business Retention & Expansion is Matt Kelley and he will begin work on August 30, 2004. Joe Vining reported that the northeast quadrant of the City has some unique development opportunities arising from the large acreages under the control of the Avery and Nelson families. Mr. Vining proceeded to give an overview of destination retail. The Council provided general thoughts and dialog as to where they want to go regarding economic development. Nothing was determined as to what direction the city • should go. Staff answered questions the council had as far as incentives to offer businesses and the benefits. Joe Vining gave an update on the following items. • Staff is refocusing the plan for promoting tourism. • Creation of Convention and Visitors Bureau (CVB) • Appointment of Tourism Commission - First event funding recommendations • Hiring of office manager • Budget • CVB proposal to move to Main Street • Game On Campaign AUGUST 18-19, 2004 Nancy Yawn outlined the City's new marketing campaign for the designation of the "Sports Capital of Texas."The plan is to promote the City as the state's amateur recreation for youth and adult sports. A sports-oriented icon, a nylon-folding chair imprinted with the Texas flag design, will hopefully become synonymous with Round Rock sports. The campaign is to attract more tourist and to be the host of state and national tournaments. Sharon Prete outlined examples of renovations that need to be done to improve the facilities, landscaping, and fences to carry out the image and theme and to meet growing tournament and league requirements. In addition, staff would like to develop a program to address the following. • Financials • Potential revenue sources • Direct revenue • League participant fees • Field advertisements • Tournament rental fees • League rental fees 3.D. Consider presentation and discussion of the status of the Round Rock Higher Education Center. John Avery, Charles Avery and Pix Howell gave the following update concerning the Higher Education Center (HEC). • College will be ready for students one year from today • Outlined the current and proposed infrastructure • Location of university creates a lot of potential • Possibility of a mixed use around a university • Potentials for the tract and the density • Other potential uses that will make the campus pedestrian friendly • What the idea of getting a transit system would mean for the HEC • HEC could be a destination campus • Working on getting a nursing school for building two. • Want to proceed with project slowly to get the best compatible development for Round Rock. Jim Stendebach reported that there would be regulations and compatibility for this area. He also outlined the ultimate roadway plan for this area and added that fire protection and school planning discussion for this area is necessary for budgeting purposes. 3.E. Consider presentation and discussion regarding future development in the northeast quadrant of the City, future extraterritorial jurisdiction (ETJ) issues and Planning survey. The presentation for this item was made earlier in the meeting. The Council received an overview of the results from the Planning Survey conducted by Jeff Montgomery during their lunch break. The categories of the survey were: • Demographics and Income • Housing • Visual Appearance • Traffic/Transit • Other 3.F. Consider presentation and discussion regarding municipal utility districts (MUD) in general, the City's existing MUD's, and plans for future MUD's. Steve Sheets provided a brief history of a MUD's. He outlined the responsibilities of the City when a petition is -6 0 AUGUST 18-19, 2004 submitted. Also, if a City refuses water and wastewater services to a MUD then the developer has the option to appeal to the Water Commission. Blake McGee outlined a summary of consent conditions concerning the proposed Highlands at Mayfield Ranch MUD, Parkside at Mayfield Ranch MUD, and Paloma Lake MUD. Tom Clark outlined the boundary of the City's Certificate of Convenience and Necessity and extraterritorial jurisdiction in regard to the proposed MUD tracts. He added • that development would be seen on the east side before the west side. 3.G. Consider presentation and discussion regarding the City's Annexation Plan. Jim Stendebach gave an overview of the proposed annexations and their locations. The proposed annexations consist of 11 tracts. The primary purpose of the annexation is to expand zoning and development regulations to high profile areas. 3.1-1. Consider presentation and discussion regarding public transportation. Tom Word and Cindy Demers provided an update concerning Capital Metro and funding for transportation issues in Round Rock. Representatives of Capital Metro were present and reported that they have been working with staff regarding the distribution of federal funds to Round Rock for public transportation. 3.I. Consider presentation and discussion of transportation update. Tom Martin gave an update on current road projects approved by the Round Rock Transportation System Development Corporation. • RECESS WORK SESSION UNTIL THURSDAY, AUGUST 19, 2004 There being no further business for this day, the work session recessed at 4:29 p.m. THURSDAY, AUGUST 19, 2004 RECONVENE WORK SESSION - 8:00 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw,a Councilmember Tom Nielson Councilmember Carrie Pitt Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also resent were the following staff members: Cit Manager Jim Nuse Assistant P 9 Y . 9 , City Manager David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Executive Director of Community Development Joe Vining, Chief of Public Works Operations Tom Word, Deputy Fire Chief Rocky Garzarek, Chief of Police Bryan Williams, Parks and Recreation Department Sharon Prete, Communications Directors Will Hampton, Director of • Utilities Tom Clark, and Director of Transportation Tom Martin, Human Resources Director Teresa Bledsoe, LibraryDirector Dale Ricklefs Planning Director Jim Stende g bath, Danny Halden City Engineer, and Convention and Visitors Bureau Director Nancy Yawn. WORK SESSION: 7.A. Consider presentation and discussion of the following financial issues 1) FY2005 Budget and Property Tax Rate 61 AUGUST 18-19, 2004 David Kautz gave a brief outline of the 2004-2005 budget and Cindy Demers summarized the General and Debt Service Funds. Ms. Demers also gave an overview of the sales tax collection. Mr. Kautz gave an overview of the proposed property tax, the sales tax policy and the reliance of Dell Computers funds. • 2) Financial Management Policy Ms. Demers gave the following overview of the City's Financial Management Policy. • Long term approach to fiscal management Stability Flexibility Diversity • Balance revenue requirements with service needs of growing population • Avoid risk of combined high property tax rate and high reliance on sales tax • The financial policy is proposed to be implemented for the 2006 budget. • ,2006 assumptions - Overall sales tax increase 3% - City other than Dell sales tax increase 3.5% - Dell sales tax increase 2% - Property tax values increase - Existing values increase 5% • Finance is starting to reduce the percentage used from Dell's money. • Need to begin conservative thinking The Council discussed the financial options that were presented by staff in regard to • reducing the sales tax money to be used for the general fund and the financial management plan proposal. Mayor Maxwell expressed his concern that if the property tax is increased we still have a 'spot of money" that can be spent on other needs at the end of the year. He added that he does not want to raise taxes to have money left over at the end of the year. Ms. Demers outlined a summary of the Utility Fund Budget. 7.B. Consider a presentation and discussion of the financial simulation exercise. Cindy Demers gave the following overview of staff's recent participation in a financial simulation exercise. Financial Crisis Strategy • Cost Containment/Budget Reduction Measures - Freeze positions and /or eliminate unfilled positions - Freeze payroll increase - Freeze capital outlay purchases - Service cuts/adjustments • _ General services and non-emergency public safety Public safety - Layoff personnel • Revenue/other funding source measures - Use fund balance/operations reserves - Raise fees for services - Raise tax - Capital improvement program • Priority Issues Identified - Work within property tax increase that does not exceed the rollback rate - Utilize Fund Balance-Methodic Use - Do not lose or minimize loss of existing investment in programs - Avoid mass layoffs-retain knowledge base to get us through crisis 62 AUGUST 18-19, 2004 - Service levels will change-need input from Council and citizens - Communication plan is necessary Information from the departments was complied and the following items were discussed: - Budget reductions - Service adjustments/reductions - New revenue opportunities - New fees • - Long term vs. short term The exercise provided insight to how the city would react to a crisis. Two major factors were that core services must be identified and that Council and citizen input was necessary for a successful implementation. 7.C. Consider presentation and discussion of the Capital Improvements Program. Tom Word gave an overview of the GO Bond Update along with the GO bond project schedule and variances from original schedules. The variances are as follows: • Forest Creek Safety and Sidewalk Improvement Safety Segment - All work complete except for modification to Detention Pond. • McNeil Corridor Enhancements - Contract awarded on June 10, 2004. • South Creek Channel Improvements - Delays in obtaining U.S. Army Corps permit. • Southwest Downtown Infrastructure - Coordination with Neighborhood Planning effort, utilities and contract consolidation with Phase 2. • • Fire Station #2 - Location concerns. • Community Neighborhood Park Development (Greenlawn/Clay Madsen/Lake Creek) - Delay in obtaining Texas Parks and Wildlife Department grant. • Old Settlers Park at Palm valley Pool - Deliberate change in schedule to evaluate feasibility and market. Mayor Maxwell asked that the neighborhood leadership be informed of these variances. 7.D. Consider presentation and discussion regarding User Fees. Due to the time, Jim Stendebach only gave overview of the proposed development fees for the Planning Department. The fees for other departments will be addressed during .another work session. 7.E. Consider presentation and discussion regarding Water and Wastewater Utility. Cindy Demers gave an overview of the following. • Fees and Utility Billing Policies • - Updating fees to recover cost - Streamline fees and rates - Minimize overtime costs - Bring fees in line with other cities - Last update on some fees 1978 • Fees and Deposits Bulk Water • Water Meter Deposits 0 Utility Billing Policies 63 AUGUST 18-19, 2004 • Meter Testing and Transfers Tom Clark gave an overview of the following. • Impact Fees - Update Land Use Projections - Update Water and Wastewater Master Plans - Update Utility CIP - Fee Calculation - Maximum Fee is ➢ Water - $4,296 (current fee $2,910) ➢ Wastewater - $1,306 (current $1,058) ➢ Total - $5,602 (current $3,969) • Available Water Supply • Water and Wastewater CIP Expenses 7.F. Consider presentation and discussion regarding the Drainage Utility. This item was withdrawn from the agenda. The Director that was presenting this item was not present due to illness. 7 G Consider presentation and discussion regarding a Police Department update Chief Williams outlined the new sector map adding that the crime rate in Round Rock is very low. Round Rock has made a good investment in its Police Department. Off-duty security jobs were discussed, specifically, if those jobs affect their regular job. The Council inquired if anyone monitors the off-duty jobs. There was discussion regarding • security at the HEC and who would be covering that area. 7 H Consider presentation and discussion regarding a Fire Department update Rocky Garzarek gave an update on the following. • Ultimate fire station location plan t = • Changing conditions up north • Logical progression through the issues • ISO • OSHA two in/two out • Overview of first respondent The council and staff discussed the Volunteer Fire Department and how they provide help to the City's Fire Department. There was also discussion regarding the medical calls that are responded to by the Fire Department and the necessity of responding to those medical calls. 7.I. Consider presentation and discussion regarding the Council Communique. Jim Nuse reported that if Mayor Maxwell was unable to attend the weekly update • meeting then Mayor Pro-tem McGraw would attend. A weekly communique will be sent to the Council. COUNCIL COMMENTS REGARDING ITEMS ON THE AGENDA: None ADJOURNMENT There being no further business, the meeting adjourned at 2:30 p.m. Res ectful y Submi to C ristine R. Martinez, City Secreta fi �4 AUGUST 26, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, August 26, 2004 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City • Manager Jim Nuse and City Attorney Steve Sheets. WORK SESSION: 3.A.1. Consider a presentation concerning a Drainage Utility, Tom Word, Chief of Public Works Operations made the staff presentation. In an effort to effectively comply with the state mandated future Texas Pollution Discharge Elimination System (TPDES) and to offset the use of funds from the general fund for maintenance of the City's drainage system, staff presented the following methodology and financial implications of the establishment of a city-wide drainage utility. Phase II Stormwater Management Program Components • Public Education and Outreach • Public Involvement/ Participation • Illicit Discharge Detection and Elimination • Good Housekeeping and Pollution Prevention for Municipal Operations - • Construction Site Stormwater Runoff Control • • Post-Construction Runoff Control Drainage Costs: Description Cost Personnel $549,169 Contracted Services $294,700 Materials and Supplies $144,620 Other Services $10,000 Annualized Capital Outlay $108,024 Current Total Cost: $1,106,513 Annual Cost of Federal $249,000 NPDES Stormwater Program Additional Personnel $150,000 Additional Contracted Services $93,800 Additional Annualized Capital Outlay $100,500 Additional cost when fully implemented: $593,300 Total Cost: $1,699,813 Commercial/Industrial Impervious Cover Assumptions: • 15,000,000 square feet of commercial/industrial space • • 20% reduction in square footage due to multi-story buildings (net 12,000,000 square feet of commercial/industrial footprint) • 2,708 square feet of impervious cover for each 1,000 square feet of commercial building • Median Residential impervious cover of 1,895 square feet per residence as a unit of impervious cover (RDE) • Assuming Drainage Utility cost of $1,700,000 Residential Drainage Equivalents (RDEs) Number of Residential Units 21,908 Commercial RDEs 17,148 Total 39,056 AUGUST 26, 2004 Rate RDE Rate = $1,700,000/39,056/12 month = $ 3.63 / month Average Commercial Charge = $54.03 / month Other City Programs Austin Georgetown Commercial $120.41 x impervious acreage x $3.75 per unit 1/number of tenants/month unit = 2088 sq.ft.) Apartments Residential $6.30 per Month $3.75 per Month Wichita Falls Abilene Commercial $1.50 per 3500 sq.ft. $0.50-$25.00 (50000 sq.ft. max) not exceed $500.00 Apartments Residential $1.50 per Month $2.95 >2880 s ft Galveston Harker Heights Commercial <3" meter =$10.00 $6-$50, (2500-100,000 s ft Apartments >3" meter =$20.00 $0.85 per unit Residential $4.00 per Month 2.50 per Month Killeen Lubbock Commercial $4.00 flat rate $33.12 flat rate Apartments Residential $2.00 per Month $4.99 per Month Arlington New Braunfels Commercial $ 6.50-$390.00, (0-1,000,000 sgft) 5. 00 / month for a 3,500 sq.ft. • impervious cover (Proposed Program) Apartments $0.65 per unit Residential $1.30 per Month EXECUTIVE SESSION: r`= x, Mayor Maxwell read each of the Executive Session items. The Council then left the dais and proceeded to the Executive Chamber for the Executive Session. 4.A.1. Consider Executive Session as authorized by 5 551.072 Government Code, related to the purchase of 2.548 acres of right-of-way from Cressman Enterprises, L.P. for the Highway 79 Expansion Project. Mayor Nyle Maxwell opened the Executive Session for this item at 6:24 p.m. and adjourned at 6:28 p.m. 4.A.2. Consider Executive Session as authorized by 5 551.072 Government Code, related to the purchase of 1.975 acres of right-of-way from Cressman Enterprises, L.P. for the Arterial "A" Project. Mayor Nyle Maxwell opened the Executive Session for this item at • 6:36 p.m. and adjourned at 6:37 p.m. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE Mayor Maxwell led the pledge of allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot AUGUST 26, 2004 Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda and addressed the following item. 14.C. Consider Mayor Maxwell's announcement of the Mayors' Council on Fitness appointments. Mayor Maxwell announced the names of the appointees to the Mayor's • Council on Fitness. He introduced some of the members who were in attendance. Mayor Maxwell also announced that he would be making additional appointments that will represent the City's youth community. The first meeting of the Mayor's Council on Fitness' will be on September 7, 2004 at 6:00 p.m. The following list is the individuals who were appointed by Mayor Nyle Maxwell • Paul Carrozza • Amy Gelfand • Steve Kays • Fred Ramirez • Ashley Dawson_ • Mary Wilkinson Calhoun. • Kathy Misiti • Ryan Timmons • Margaret Fink • Dr. Steve Wilson • Liz Howells • Arlen Zander • Traci Neely • • Jeff Andresen • Sharon Prete, Staff Liaison CITIZENS COMMUNICATIONS: Efrain Davila, President of EI Amistad, gave an video overview of this year's Fiesta Amistad Celebration. He also thanked the Council, staff and citizens for their support of the Fiesta. In addition, a brief detail of the upcoming 14th Annual Scholarship Golf Tournament that will be held on September 26, 2004.at Teravista Golf Course was also provided. PROCLAMATIONS/RECOGNITIONS: 9.A. Consider proclaiming the week of September 6, 2004 as Health, Safety and Environment Awareness Week. Mayor Maxwell read the following proclamation and presented it to Hassan Farhat, Safety and Risk Manager. WHEREAS, the health, safety, and environment in Round Rock is linked to the well- being of all people throughout the city, state, and nation; and WHEREAS, environmental protection and pollution prevention are the most sound methods for protecting our natural resources; and • WHEREAS, the City of Round Rock recognizes the need for collaborative initiatives with its citizens to help create a healthy environment, which is essential. to the physical, social, and economical well-being of our community; and WHEREAS, health, safety, and. environmental. protection is consistent with the best local and national standards and practices, and is an integral part of all City operations; and WHEREAS, conducting operations in a responsible manner consistent with the City's philosophy and adopted organizational values help maintain a healthy and safe environment for our future generations; and WHEREAS, the City.of Round Rock's mission is to promote and protect the health of the employees and resources which can be accomplished by commitment and working together toward the shared vision; and WHEREAS, the City of Round Rock has successfully conducted a Health, Safety, and Environment Awareness Week since 2000 to educate, inform, and encourage increased awareness for a safer and healthier environment. AUGUST 26, 2004 NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim the week of September 6, 2004 as "HEALTH, SAFETY, AND ENVIRONMENT AWARENESS WEEK" in the City of Round Rock, and urge all employees and citizens to take part in planned activities and recognize the successes in our City. PROCLAIMED this 26th day of August 2004. 9.B. Consider recognition of the Slam Anaels of the Austin Slam Baseball League. Mayor Maxwell read the following proclamation and presented it to members of the Slam • Angels team members and coaches. WHEREAS, youth sports are a very important part of the Round Rock community and play a very important role in teaching our youth positive values that will guide them through life; and WHEREAS, the Slam Angels of the Austin Slam Baseball League displayed their talents in a true sportsmanship like manner and represented the true spirit of winning; and WHEREAS, the Slam Angels made the commitment to challenge their baseball abilities to a new level by achieving the 2004 Triple Crown World Series Championship, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council do hereby wish to officially and publicly congratulate and commend team members Lee Johnson, Doug Oney, Steven Peterson, Jeremy Clouse, Danny Hernandez, Royce Selvera, Aaron Martinez, Ryan Hutson, Trey Ross, Michael Dixon, Kerry Hillis, Blake Silguero, Kevin Keyes, Chance Davis, Runay Davis, Jordan Vierra, and Blake Kelso, and to also congratulate Coaches Jake O'Dell, Alex Hauger, Steven Ponder, and Mark Keeny for their excellent performance in Steamboat Springs, Colorado. PROCLAIMED this 26th day of August 2004. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. Item 12.A.1. was removed from the Consent Agenda and addressed in the • normal sequence of the agenda. *11.A. Consider approval of the City Council minutes for the August 12, 2004 Regular Session. *12.A.1. `Consider an ordinance rezoning 3.438 acres of land from BUD (Planned Unit Development) and District SF-2 (Single Family-Standard Lot) to District PF-2 (Public Facilities-Medium Intensity). (First Baptist Church) (306 Round Rock Avenue) (Second Reading) This item was removed from the Consent Agenda and addressed in the normal sequence of the agenda. *12.B.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Sections 3-A and 3-B. (First Reading) • *12.B.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Estates at Settler's Park Subdivision, Sections 1 and 2. (First Reading) *13.8.2. Consider a resolution authorizing the closing of a portion of Main Street on September 2, 2004, October 7, 2004, November 4, 2004, and December 2 2004 for the "Main Street Artisan Stroll". *13.D.2. Consider a resolution authorizing property tax refunds to H. E. Butt Grocery Co. for 2001, 2002, and 2003 taxes totaling $8,030.02. AUGUST 26, 2004 MOTION: Councilmember Rhode moved to approve all the items listed in the Consent agenda. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *11.A. Consider approval of the City Council minutes for the August 12 2004 Regular Session. This item was approved under the consent agenda. ORDINANCES: *12.A.1. Consider an ordinance rezoning 3.438 acres of land from PUD (Planned Unit Development) and District SF-2 (Single Family-Standard Lot) to District PF-2 (Public Facilities-Medium Intensity). (First Baptist Church) (306 Round Rock Avenue) (Second Reading) This item was removed from the consent agenda. Mayor Pro-tem McGraw disclosed that he would.be abstaining from the discussion and vote on this item due to a business relationship with one of the parties involved. Jim Stendebach, Planning Director made the staff presentation. The First Baptist • Church wishes to expand its facilities to provide space for religious education and for a mother's day out program. The church expansion proposes approximately 17,500 square feet of accessory use as defined by the Zoning Ordinance. Staff recommended the proposed PF-2 (medium intensity) district to accommodate the church facility since it allows up to 20,000.square.feet of accessory use. Mr. Stendebach also, addressed concerns that were raised by an adjacent resident at the last Council meeting. Approximately 3 acres of this 3.438 acre tract was zoned Planned Unit Development (PUD) in 1993. The intent behind the development of the PUD was to assist the First Baptist Church in delineating boundaries for its church campus and to establish perimeter landscaping requirements. The remaining .5 acres is currently zoned SF-2. At present, the existing PUD allows for an unlimited amount of square footage for church facilities. By dissolving the PUD established in 1993, the church's facilities will come into conformity with the City's Zoning Ordinance, provided the City Council approves the proposed PF-2 (Public • Facilities - Medium Intensity) zoning district. On July 7, 2004, the Planning and Zoning Commission rendered a favorable recommendation to rezone the tract. Its recommendation is on the condition of final adoption of the proposed PF-2 District by City Council. Development standards contained in the proposed PF-2 district, including landscaping and buffering requirements, exceed those originally adopted by the Planned Unit Development. AUGUST 26, 2004 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3.438 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AND DISTRICT SF-2 (SINGLE FAMILY- STANDARD LOT) TO DISTRICT PF-2 (PUBLIC FACILITIES-MEDIUM INTENSITY). • MOTION: Councilmember Pitt moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Abstain: Mayor Pro-tem McGraw ACTION: The motion carried with 6 ayes and 1 abstention. *12.B.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Sections 3-A and 3-B. (First Reading) This item was approved under the consent agenda. The stop signs will be placed at the following intersections. On Valerian Trail at Double Creek Drive; on Eastbound and Westbound Valerian Trail at Sundrop Place; on Apache Trail at Sundrop Place; on • Northbound and Southbound Plume Grass Place at Valerian Trail; and on Plume Grass Place at Ft Lloyd Place. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS;,.AS STOP INTERSECTIONS: VALERIAN TRAIL AT DOUBLE. CREEK DRIVE, VALERIAN TRAIL AT SUNDROP PLACE, APACHE TRAIL AT SUNDROP PLACE, PLUME GRASS PLACE AT VALERIAN TRAIL AND PLUME GRASS PLACE AT FT. LLOYD PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *12.B.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Estates at Settler's Park Subdivision, Sections 1 and 2. (First Reading) This item was approved under the consent agenda. The signs will be placed at the following intersections. On Westbound and Eastbound Clinton Place at Settlers Park Loop; on Westbound and Eastbound Clinton Place at Aaron Ross Way; on Aaron Ross Way at Settlers Park Loop; on James Parker Lane at Aaron Ross Way; on James Parker Lane at Clinton Place; on Aaron Ross Way at Clinton Place. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: CLINTON PLACE AT SETTLERS PARK LOOP, CLINTON PLACE AT AARON ROSS WAY, AARON ROSS WAY AT SETTLERS PARK LOOP, JAMES PARKER LANE AT AARON ROSS WAY, JAMES PARKER LANE AT CLINTON PLACE, AARON ROSS WAY AT CLINTON PLACE, AND SETTLERS PARK LOOP AT KIPHEN ROAD (CR 113); PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 7O AUGUST 26, 2004 RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to accept grant funds from the Texas Engineering Extension Service for the 2004 State Homeland Security Program Keith Tanner, Fire Marshal/Emergency Management Coordinator made the staff presentation. Receipt of this grant will enable the City to use federal grant funds to improve our ability to respond to potential terrorist use of a Weapon of Mass Destruction by providing some of the • equipment needed to respond to such events at no cost to the City. Staff recommended the approval for receipt of$115,907.00 from the 2004 State Homeland Security Grant Program. RESOLUTION NO. WHEREAS, the Texas Engineering Extension Service has made grant funds available to the City of Round Rock through the 2004 State Homeland Security Grant Program, and WHEREAS, the City Council wishes to accept said grant funds to be used for equipment necessary to respond to potential terrorist use of a weapon of mass destruction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Notice of Subrecipient Award, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.8.1. Consider a resolution authorizing the Mayor to accept grant funds from the Texas Engineering Extension Service for the 2004 State Homeland Security Law Enforcement Terrorism Prevention Program. Bryan Williams, Police Chief made the staff • presentation. This grant program is designed to improve a jurisdiction's ability to respond to a potential terrorist use of a weapon of mass destruction (WMD). Depending on interaction with the granting agency, these funds may be used to fund a software update for the City's public safety radio system to improve the system's interoperability with other agencies. If funds are not used for that purpose, they will be employed to purchase equipment based on efforts to identify and mitigate potential threats to critical City assets. This grant program is the Police Department part of a two-component grant from the Texas AUGUST 26, 2004 Engineering Service. The other component funds Fire Department equipment. Approving this resolution will allow the City to accept the $28,146.00 grant. RESOLUTION NO. WHEREAS, the Texas Engineering Extension Service has made grant funds available to the City of Round Rock through the 2004 State Homeland Security Law Enforcement Terrorism Prevention Grant Program, and WHEREAS, the City Council wishes to accept said grant funds to be used for equipment necessary to respond to potential terrorist use of a weapon of mass destruction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Notice of Subreciplent Award, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ,fa, ACTION: The motion carried unanimously. *13.B.2. Consider a resolution authorizing the closing of a portion of Main Street on September 2, 2004, October 7, 2004, November 4, 2004, and December 2, 2004 for the "Main Street Artisan Stroll". This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Downtown Business Association has requested that a portion of West Main Street from 107 West Main Street to Round Rock Avenue be closed for the "Main Street Artisan Stroll on September 2, 2004, October 7, 2004, November 4, 2004, and December 2, 2004, from 4:00 p.m. to 9:30 p.m., and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE:COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That West Main Street be closed as set forth above. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. 13.C.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Cressman Enterprises, L.P. for the purchase of 2.548 acres of right-of-way for the Highway 79 Expansion Project. Steve Sheets, City Attorney made the staff presentation. This contract would allow the City to purchase right-of-way from Marvin 2 AUGUST 26, 2004 Cressman for the future expansion of Highway 79 in Round Rock. The cost of the property is $571,844.00, which is equal to the City's appraised value. RESOLUTION NO. WHEREAS, the City desires to purchase a 2.548 acre tract of land for additional right-of-way for the Highway 79 expansion project, and WHEREAS, Cressman Enterprises, L.P., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • Real Estate Contract with Cressman Enterprises, L.P., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purpose's. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter'hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Pitt moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem. McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor,Maxwell Nays: None, ACTION: The motion carried unanimously. 13.C.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Cressman Enterprises, L.P. for the purchase of 1.975 acres of right-of-way for the Arterial "A" Proiect. Steve Sheets, City Attorney made the staff presentation. This contract would allow the City to purchase right-of-way from Marvin Cressman for the future expansion of Highway 79 in Round Rock. The cost of this property is $675,500.00, which is equal to the City's appraised value. RESOLUTION NO. WHEREAS, the City desires to purchase a 1.975 acre tract of land for additional right-of-way for the Arterial "A"'project, and • WHEREAS, Cressman Enterprises, L.P. the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Cressman Enterprises, L.P., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated. herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter:hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. IVV 7 3 AUGUST 26, 2004' NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary r-, MOTION: Councilmember Pitt moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Printing and Mailing Services with Business Ink, Co. Cindy Demers, Finance Director made the staff presentation. Fifteen vendors were solicited with five being HUB or minority certified for printing and mailing services. Business Ink, Co. submitted the best value and lowest responsible bid out of the four bids received. No HUB's responded to the solicitation. The staff recommended entering into an initial two year agreement with Business Ink, Company for printing and mailing services associated with utility billing. • Business Ink, Co. will provide all materials, equipment and labor necessary to print, insert and mail customer bill statements and notices. The agreement also includes an option to renew for additional two-year terms after the initial period. The annual estimated cost is $40,000 - $47,0;00, depending upon additional printing options exercised (not including postage). RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for printing and mailing services, and WHEREAS, Business Ink, Co. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Business Ink, Co., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Printing and Mailing Services with Business Ink, Co., a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting;at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Pitt seconded the motion. .74 AUGUST 26, 2004 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ' ACTION: The motion carried unanimously. *13.D.2. Consider a resolution authorizing property tax refunds to H E Butt • Grocery Co. for 2001, 2002, and 2003 taxes totaling $8,030.02. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, H.E. Butt Grocery Co. has made an overpayment or erroneous payment of 2001, 2002, and 2003 taxes in the amount of $8,030.02; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $8,030.02. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. 13.D.3. Consider a resolution scheduling public hearings on the proposed 2004 Property tax rate. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The proposed tax rate of $0.38721 is required to balance the FY 2004- 05 Operating Budget. This rate is $0.03006 above the 2003 rate of $0.35715, and $0.02268 above the 2004 effective tax rate. The proposed increase is required to pay new debt service as authorized by voters and reflect higher operating costs. Under this proposal, taxes on the average homestead would increase by $49.17 or 9.15 percent compared with last year's taxes. Comparing the proposed tax rate to the effective rate, the tax rate would increase by 6.22%. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of the property. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws • when adopting their tax rates. .When a proposed tax rate exceeds the lower of the roll-back rater or 103 percent of the effective rate, the taxing unit's governing body must vote to place the proposal on the agenda of a future meeting as an action item. This vote must be recorded and will be a part of a newspaper advertisement announcing the public hearing. Public Hearings will be held on this issue at scheduled Council meetings on September 9th and September 23, 2004. AUGUST 26, 2004 The following is Round Rock's proposed property tax rate per $100 valuation: i 2004 (FY 2005) Proposed Tax Rate - $0.38721 • 2004 (FY 2005) Effective Tax Rate - $0.36453. • 2003 (FY 2004) Tax Rate - $0.35715 RESOLUTION NO. WHEREAS, Chapter 26 of the Property Tax Code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS, the City of Round Rock's 2004 proposed tax rate exceeds the lower of the rollback rate or 103% of the effective rate, and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of public hearings on the proposed property tax rate, and WHEREAS, the proposed property tax rate is 38.721 cents per $100 valuation compared to 35.715 cents for the prior year, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a public hearing on the 2004 proposed property tax rate be held on the 9th day of the month of September, 2004, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. That the ordinance to adopt the 2004 proposed property tax rate be placed on the agenda of the September 9, 2004 meeting of the Round Rock City Council as an action item on which a record vote of the first reading will be taken and recorded. That the ordinance to adopt the 2004 proposed property tax rate be placed on the agenda of the September 23, 2004 meeting of the Round Rock City Council as an action item on which a record vote of the second reading and final adoption will be taken and recorded. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 13.E.1. Consider a resolution authorizing the Mayor to execute a Development Agreement with Round Rock Ranch, Ltd. for the construction of Forest Creek Drive. Tom Martin, Director of Transportation Services made the staff presentation. This development agreement is for a 50% cost reimbursement to the City for a portion of the cost for construction of Forest Creek Drive. The Developer's cost sharing is initially estimated at $677,081.55 at no cost to the City. 76 . AUGUST 26, 2004 RESOLUTION NO. WHEREAS, the City of Round Rock desires to construct Forest Creek"Drive running through property owned by Round Rock Ranch, Ltd. ("Developer"), and WHEREAS, the City desires to expeditiously design, engineer and construct Forest Creek Drive, conditioned upon Developer paying the City for a portion of the cost of Forest Creek Drive attributable to"its development, and WHEREAS, Developer and the City desire to create a Public Improvement District, pursuant to Article 372 of the Texas Local Government Code, to provide a financing vehicle to partially reimburse the City for costs expended in. the construction of Forest Creek Drive through the property, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and. directed to execute on behalf of the City a Development Agreement with Round Rock Ranch, Ltd. regarding Forest Creek Drive, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004, KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt • Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried;unanimously. 13.E.2. Consider a resolution authorizing the Mayor to execute a Development Agreement with Wilshire/Hearthstone Venture, L.P. and Pulte Homes of Texas, L.P. for the construction of Forest Creek Drive. Tom Martin, Director of Transportation Services made the staff presentation. This development agreement is for reimbursement to the City for a portion of the cost of construction,of Forest Creek Drive. The Developer's cost sharing is initially estimated at $238,353.47 at no cost to the City. RESOLUTION NO. WHEREAS, the City of Round Rock desires to construct Forest Creek Drive running through property owned by Wilshire/Hearthstone Venture I, L.P. and Pulte Homes of Texas, L.P. ("Developer"), and • WHEREAS, the City desires to "expeditiously design, engineer and construct Forest Creek Drive, conditioned upon Developer paying the City for a portion of the cost of Forest Creek Drive attributable to its development, and WHEREAS, Developer and the-City desire to create a Public Improvement District, pursuant to Article 372 of the Texas'Local Government Code, to provide a financing vehicle to partially reimburse the City for costs expended in the construction of Forest Creek Drive through the property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Development Agreement with Wilshire/Hearthstone Venture I, L.P. and Pulte Homes of Texas, L.P. regarding Forest Creek Drive, a copy of same being attached hereto as Exhibit" "A" and incorporated herein for all purposes. The City Council hereby finds, and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that AUGUST 26, 2004 such meeting was open to the public as required by. law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.E.3. Consider a resolution authorizing the Mayor to execute a Cost Sharing Agreement with Continental Homes of Texas. L.P. for the construction of Forest Creek Drive. Tom Martin, Director of Transportation Services made the staff presentation. This development agreement is for reimbursement to the City for a portion of the cost of • construction of Forest Creek Drive. The Developer's cost sharing is initially estimated at $378,989.90 at no cost to the city RESOLUTION NO. WHEREAS, the City of Round Rock desires to construct Forest Creek Drive running through property,:owned by Continental Homes of Texas, L.P. ("Developer");;sand WHEREAS; the City desires to expeditiously design, engineer and construct Forest Creek Drive, conditioned upon Developer paying the City for a portion of the cost of Forest Creek Drive attributable to its development, and WHEREAS, Developer and the City desire to create a Public Improvement District, pursuant to Article 372 of the Texas Local Government Code, to provide a financing vehicle to partially reimburse the City for costs expended in the construction of Forest Creek Drive through the property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Cost Sharing Agreement with Continental Homes of Texas, L.P. regarding Forest Creek Drive, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,--4considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Pitt seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw i 78 8 AUGUST 260 2004 Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Maybr'Maxwell Nays: None ACTION: The motion carried unanimously. 13.E.4. Consider a resolution authorizing the Mayor to execute a contract with RGM Constructors, LP for the construction of Forest Creek Drive and Double Creek Drive, Phase • 2. Tom Martin, Director of Transportation Services made the staff presentation. This project will construct both the segment of Double Creek Drive, from Gattis School Road to the Camp Double Creek, and the new portion of Forest Creek Drive, from Rusk Road to Double Creek Drive. Also, adding two lanes from Lake Forest Subdivision to Rusk Road. Both are four Lane Divided Arterials. Bids were opened on June 22, 2004 for this project, with a total of seven bids received. Based on the Engineer's and Staff's review, staff recommended the contract to be award to RGM Constructors, L.P., which was the low bidder, with a bid of $3,598,273.40. The Engineer's estimate for the Forest Creek Drive portion was $3,268,295.28 and Double Creek Drive portion was $695,326.88, with a total estimate for the project as $3,963,622.16. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction • of Forest Creek and Double Creek Drive, Phase 2, and WHEREAS, RGM Constructors, L.P., has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of RGM Constructors, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with RGM Constructors, L.P. for the construction of Forest Creek and Double Creek Drive, Phase 2. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which'this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of August, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 79 AUGUST 26, 2004 14.A. Consider 1 appointment to the Zoning Board of Adjustments to fill an alternate position. This item was withdrawn from the agenda at the request of staff. 14.B. Consider 1 appointment to the Tourism Commission to fill an unexpired term for the position of hotel industry-small size. Mayor Maxwell opened the floor for nominations. Michael Marshall and Michael Harrell were nominated. • MOTION: Councilmember Pitt moved that nominations cease. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. The following results are from a poll of the Council on the two nominees. Michael Marshall - 7 votes appointed Michael Harrell - 0 votes . Michael Marshall will fill the unexpired term that will expire in June 2006. 14.C. Consider Mayor Maxwell's announcement of the Mayors' Council on Fitness • appointments. This item was addressed earlier in the meeting. COUNCIL COMMENTS: Councilmember Carrie Pitt announced her resignation on the City Council due to her family moving out of the city limits. ADJOURNMENT: There being no further business, the meeting. adjourned at 8:15 p.m. Re-le tfully Submitted Chn tine R. Martinez, Cit"retary • 80 AUGUST 26, 2004 14.A. Consider 1 appointment to the Zoning Board of Adjustments to fill an alternat position. This item was withdrawn from the agenda at the request of staff. 14. . Consider 1 al2l2ointment to the Tourism Commission to fill an unex fired term for the ositi n of hotel indust -small size. Mayor Maxwell opened the floor for nominations. M hael Marshall and Michael Harrell were nominated. MOTION: ouncilmember Pitt moved that nominations cease. Councilmember Knight • seconded the motio VOTE: A Councilmember Nielson Mayor Pro-tem McGraw Councilmember Pitt ouncilmember Knight CQuncilmember Rhode ouncilmember Coe ayor Maxwell Nays: e ACTION: The motion car 'e nanimously. The following results are fro po I of the Council on the two nominees. Michael Marshall - 7 0 appointed Michael Harrell - 0 vo s Michael Marshall will fill the un term that will expire in June 2006. 14.C. Consider Mayor Maxwell's unc ment of the Mayors' Council on Fitness appointments. This item was addressed earlier 'n meeting. • COUNCIL COMMENTS: Councilmember Carrie Pitt announced her res ation on the City Council due to her family moving out of the city limits. ADJOURNMENT: There being no further business, the meeting adjour ed at 8:15 p.m. Respectfully ubmitted, Christine R. Ma , City Secretary • SEPTEMBER 7, 2004 The Round Rock City Council met in Executive Session and Work Session on Tuesday, September 7, 2004, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER: Mayor Maxwell called the session to order at 7:15 a.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Planning Director Jim Stendebach, Executive Director for Community Development Joe Vining, Chief of Public Works Operations Tom Word, Capt. Tim Ryle, Parks and Recreation Director Sharon Prete, CVB Director Nancy Yawn, and Human Resources Director Teresa Bledsoe. EXECUTIVE SESSION: Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present. 3.A. Consider Executive Session as authorized by X551.072 Government Code, related to the possible purchase of Block 2, Lots N/PT 8-10 also known as 209 South Brown • Street from Maria Pena Correa, and Block 2, Lots 8-10 S 1/2 also known as 211 South Brown Street from Frank Correa. Mayor Maxwell opened the Executive Session at 7:46 a.m. and adjourned at 8:06 a.m. 3.B. Consider Executive Session as authorized by $551.072 Government Code, related to the possible purchase of Right of Way for Palm Valley Lutheran Church for the Highway 79 project. Mayor Maxwell opened the Executive Session at 7:16 a.m. and adjourned at 7:41 a.m. 3.C. Consider Executive Session as authorized by $551.072 Government Code, related to the possible purchase of 120 South Brown Street from Jack D. Emert and Betty J. Emert. Mayor Maxwell opened the Executive Session at 7:42 a.m. and adjourned at 7:45 a.m. WORK SESSION: • 4.A. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for the September 9, 2004 City Council meeting. Mayor Pro-tem McGraw chaired the remainder of the meeting because Mayor Maxwell had a prior commitment. He outlined the Council agenda for September 9, 2004. Staff addressed the following items from the agenda. 82 SEPTEMBER 7, 2004 Nancy Yawn provided additional information concerning item 6A1, which is Event Funding recommendations from the Tourism Commission. She gave an overview of the applicants who were not recommended for funding. David Kautz provided additional information concerning item 10D1, which is the adoption of 2004-2005 Operating Budget. He'pointed out that if it was the Council's intent to adopt a different rate then that would need to be reflected in the motion. • Cindy Demers provided additional information concerning item 10D4, which is the Hotel/Motel Occupancy Tax Budget. She pointed out that the final adjustments are in the Council packet. Teresa Bledsoe provided additional information concerning item 10E1, which is the establishment of an additional category of assignment pay for firefighters. She reported that the only way to provide additional pay was by ordinance due to the Civil Service regulations. Capt. Ryle provided additional information concerning item 11A1, which is the annual addenda to Interlocal agreement with the School District. He reported that this will allow the City to bill the school district for service rendered. Jim Stendebach provided additional information concerning item 11B1, which is the consent to add acreage to MUD No. 11. He reported that this action is allowed due to the development agreement. ADJOURNMENT: There being no further business, the meeting adjourned at 8:23 a.m. Respectfully Submitted, Christine R. Martinez, City Secretary • SEPTEMBER 9, 2004 The Round Rock City Council met in Regular Session on Thursday, September 9, 2004 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER Mayor Maxwell called the regular session to order at 7:00 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: S.A. Consider proclaiming September 13-19, 2004 as Urban Forestry Week. Mayor Maxwell read the following proclamation and presented it to Emsud Horozovic of the Parks and Recreation Department. WHEREAS, in 2000 the Round Rock Parks and Recreation Department created the Urban Forestry Division; and WHEREAS, the mission of the Urban Forestry Division is to the manage Round Rock's urban forest through the use of the best management practices and the communication of • such to citizens, employees and developers of Round Rock in the course of education, tree planting, tree preservation, and tree care; and WHEREAS, several hundred professionals and advocates of urban forestry will be traveling to Round Rock to attend the 18th Annual Texas Tree Conference from September 15th through September 17th which is being sponsored by the Texas Urban Forestry Council; the Texas Chapter of the International Society of Arboriculture; the Texas Forest Service, and hosted by the City of Round Rock; and WHEREAS, the Round Rock Urban Forestry Division will be receiving an award in the Government Project category for excellence in Brush Recycling and Mulch Management Program, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim the week of September 13-19, 2004 as "Urban Forestry Week" and on behalf of the Round Rock City Council extend a most cordial welcome to all the attendees of the Texas Tree Conference and thank you for allowing us to share our great community with each and every one of you, and FURTHER, I urge all citizens to plant, protect and preserve trees in order to make our city a more beautiful place to work, live, and play and to support the mission of the Urban Forestry Division. PROCLAIMED this 9th day of September 2004. PRESENTATIONS: 6.A.1. Consider a presentation of the Tourism Commission's recommendations for Event Funding for 2004-2005. Nancy Yawn, Convention and Visitors Bureau Director made • the staff presentation. Applications for Event Funding were mailed to previous applicants, advertised on the City website, and sent to local news media for publication. Funding is allocated from the Hotel Occupancy Tax. The allocated funds are to promote hotel stays and the arts. The Tourism Commission reviewed the applications on July 22, 2004. Following is the recommendation from the Tourism Commission for 2004-05 Event Funding: Daffodil Days $ 1,617 Fiesta Amistad $ 4,000 Frontier Days $ 0 Holiday Basketball Classic $ 0 84 SEPTEMBER 9, 2004 Old Settlers Reunion $ 0 Palm House Museum (Season) $ 8,000 Quilt Round-Up $ 0 Round Rock Community Choir (Season) $10,000 Sam Bass Community Theatre (Season) 9,000 Total funds to be allocated: $32,617 PUBLIC HEARINGS: 7.A.1 Consider public testimony regarding an application filed by Kimball Hill Homes Austin. L.P. to rezone 5.004 acres of land from District SF-1 (Single Family-Large • Lot) to District SF-2 (Single Family-Standard Lot) and 8.180 acres of land from District C-1 (General Commercial) to District SF-2 (Single Family-Standard Lot) totaling 13.184 acres (Jon Robert Boede Tract) Jim Stendebach, Planning Director made the staff presentation. This 13.184-acre tract is located just east of Double Creek Drive and north of Gattis School Road. The owner is requesting a zoning change to single-family standard lot for a moderately small residential development of 125 homes. This zoning request would be compatible with the adjoining tract to the north that Kimball Hill Homes also owns. The proposed use is less intense which is more harmonious with existing residential Round Rock Ranch subdivision to the east and north and Double Creek Farms and Ray Berglund subdivision to the west. The current general commercial zoning is not harmonious with the existing residential uses. Mayor Maxwell opened the public hearing. • Victor Oscar, 1510 Lisa Rae, spoke against the rezoning request. He expressed his concern regarding the size of the lots. Staff explained that the lots that were adjacent to his property would not be reduced and will remain large tracts. The Council asked staff to meet with Mr. Oscar to provide additional information. There being no further public testimony the public hearing was closed. 7.B.1. Consider public testimony concerning the proposed 2004-2005 Operating Budget for the City of Round Rock. Cindy Demers, Finance Director made the staff presentation. A video presentation that outlined the 2004-2005 Budget was presented prior to the regular session. The Operating Budget consists of the General Fund, General Debt Service fund and the Water/Wastewater Utility Fund. The Budget provides improved levels of service for a growing community at competitive tax and utility rates while adhering to the City's financial • policies. The proposed operating budget for FY 2004-2005 is balanced at the proposed tax rate of $0.38720 per $100 of appraised taxable value. This rate is $0.03005 above the 2003 (FY 2003-2004) rate of $0.35715 and $0.02267 above the 2004 effective tax rate. The effective tax rate would impose the same total taxes as last year from properties on the tax roll this year that was also on the tax roll last year. This tax rate provides adequate funding for the proposed operating budget. The proposed increase is required to pay new debt service as authorized by voters and reflects higher operating costs. t � i SEPTEMBER 9, 2004 Comparing the proposed tax rate to the effective rate, the tax rate would increase by 6.22%. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of the property. Still, the tax rate remains competitive when compared to other municipalities. A Summary for the General & Debt Service Funds follows: FY2004 FY2005 % Change General Fund Total Revenues $57,403,737 $61,008,900 Total Expenditures (57,399,043) (61,004,307) 6.2% Net Change $4,694 $4,593 Debt Service Fund Total Revenues $ 9,260,055 $10,119,055 Total Expenditures (9,464,7831 (10,396,2771 (9.84%) Net Change ($204,728) ($277,222) The Budget contains funding for the following: • Economic Development • 7 Police Officers • Fire Station No. 6 staffing • 7 Firefighters • New Senior Activity Center • . Street Maintenance Program • Employee Performance Management • Capital Improvement Program • Debt Service Increase - GO Bond Issuance Mayor Maxwell opened the public hearing. • Elaine Hix and Janet Ott representing the Williamson County Humane Society requested increased funding. Mr. Kautz informed the Council that a recommendation will be presented at the next Council meeting. There being no further testimony, the public hearing was closed. .. 7.B.2. Consider public testimony concerning the proposed 2004 property tax rate for the City of Round Rock. David Kautz, Assistant City Manager/Chief Financial Officer, and Cindy Demers, Finance Director made the staff presentation. Proposed Property Tax Rate is as follows: Current Tax Rate (fy04) $0.35715 Effective Tax Rate 0.36453 Proposed Tax Rate (fy05) $0.38720 Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 7.13.3. Consider public testimony concerning proposed amendments to the Water and Wastewater rates. David Kautz, Assistant City Manager/Chief Financial Officer, and Cindy Demers, Finance Director made the staff presentation. Last year the City completed a comprehensive water and wastewater utility rate study conducted by the consulting firm of Black and Veatch. Results of this study indicated the need for a multi-year approach to utility rate adjustments. Increased operating costs, new regulatory requirements and anticipated debt issuance associated with a $200 million utility capital improvement program are the primary causes of the rate considerations. The proposed rate increase for 86 SEPTEMBER 9, 2004 January 2005 will affect both the water and wastewater components of the utility bill and is estimated to increase the average residential bill by approximately 3% or $1.92 per month. Historically, the City has taken a utility rate management approach that avoids substantial rate increases in any given year. Staff will continue to make rate recommendations in consideration of this philosophy in addition to keeping our rates competitive within the area. Mayor Maxwell opened the public hearing. There being no public testimony the • public hearing was closed. Mayor Maxwell dispensed with the order of the agenda and addressed the following: ORDINANCES: 10.A.1. Consider an ordinance rezoning 5.004 acres of land from District SF-1 (Single Family-Large Lot) to District SF-2 (Single Family-Standard Lot) and 8.180acres of land from - District C 1Commer General Commercial)cal) to District SF-2 (Single Family-Standard Loth totaling 13.184 acres. (Jon Robert Boede Tract) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 5.004 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-1 (SINGLE FAMILY-LARGE LOT) TO DISTRICT SF-2 (SINGLE FAMILY- • STANDARD LOT), AND TO REZONE 8.180 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT), TOTALING 13.184 ACRES. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to.adopt the ordinance. Councilmember Coe seconded the motion. . • VOTE: Ayes: Councilmember Nielson Mayor.Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.8.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in 1,553 square feet of land, known as 120 South Brown Street for r €' 8 7 SEPTEMBER 9, 2004 public improvements, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) Jim Nuse, City Manager made the staff presentation. This property is necessary to plan for parking for the southwest downtown area. This property is centrally located and will help improve values to the area. ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 1,553 SQUARE FEET OF LAND; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN PUBLIC IMPROVEMENTS, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.B.2. Consider an ordinance rescheduling the October 28, 2004 meeting of the Round Rock City Council to October 26, 2004. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE RESCHEDULING,THE SECOND REGULAR MARCH MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF OCTOBER, 2004;' PROVIDING FOR A SAVINGS • CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.C.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Sections 3-A and 3-B. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed at the following intersections. On Valerian Trail at Double Creek Drive; on Eastbound and Westbound Valerian Trail at Sundrop Place; on Apache Trail at Sundrop Place; on Northbound and Southbound Plume Grass Place at Valerian Trail; and on Plume Grass Place at Ft Lloyd Place. 8 ,8 SEPTEMBER 9, 2004 ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: 'VALERIAN TRAIL AT DOUBLE CREEK DRIVE, VALERIAN TRAIL AT SUNDROP PLACE, APACHE TRAIL AT SUNDROP PLACE, PLUME GRASS PLACE AT VALERIAN TRAIL AND PLUME 'GRASS PLACE AT FT. LLOYD PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.C.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Estates at Settler's Park Subdivision Sections 1 and 2 (Second • Readin This item was approved under the consent agenda. The signs will be placed at the following intersections. On Westbound and Eastbound Clinton Place at Settlers Park Loop; on Westbound and Eastbound Clinton Place at Aaron Ross Way; on Aaron Ross Way at Settlers Park Loop; on James Parker Lane at Aaron Ross Way; on James Parker Lane at Clinton Place; on Aaron Ross Way at Clinton Place. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: CLINTON PLACE AT SETTLERS PARK LOOP, CLINTON PLACE AT AARON ROSS WAY, AARON ROSS WAY AT SETTLERS PARK LOOP, JAMES PARKER LANE AT AARON ROSS WAY; JAMES PARKER LANE AT CLINTON PLACE, AARON ROSS WAY AT CLINTON PLACE, AND SETTLERS PARK LOOP AT KIPHEN ROAD (CR 113); PROVIDING FOR A SAVINGS CLAUSE .AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10.D.1. Consider an ordinance adopting the 2004-2005 Operating Budget for the City of Round Rock. (First Readingl David Kautz, Assistant City Manager/Chief Financial r Offic e made the e staff presentation for this item during the public hearing. Summary of the proposed tax rate is as follows. 2004 (FY 2005) Proposed Tax Rate - $0.38720 2004 (FY 2005) Effective Tax Rate - $0.36453 2003 (FY 2004) Current Tax Rate - $0.35715 Mayor Maxwell asked if there is a way to balance the budget along with the issuance of new debt by not going over the effective tax rate. Mr. Kautz responded that it could be done because there is room in the sales tax assumptions due to staff's conservative figures. Staff can depend on a slightly higher reliance on sales tax. Mr. Kautz presented the following proposal adding that he was confident that the budget would be balanced under this methodology. Effective Rate $0.36453 Add for operations 0.00748 Add for new debt 0.01519 Proposed Tax Rate $0.38720 • Reduce Operating Revenue (0.00748) New Proposed Tax Rate $0.37972 At the request of Council, staff will bring back the revised figures as discussed. ORDINANCE NO: AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. 89 SEPTEMBER 9, 2004 MOTION: Councilmember Rhode moved to adopt amendments to reflect changes as discussed and presented. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to adopt the amended ordinance and amended budget. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.2. Consider an ordinance adopting the 2004 property tax rate for the City of Round Rock. (First Reading) David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation for this item during the public hearing. Discussions regarding • the tax rate occurred during item 10.D.1. The new proposed lower tax 'rate is $0.37972. ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 2004. MOTION: Councilmember Coe moved to amend the proposed property tax rate to $0.37972. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to adopt the ordinance as amended. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 90 SEPTEMBER 9, 2004 10.D.3. Consider an ordinance amending the Water and Wastewater Rates (First Reading) Cindy Demers, Finance Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.201 AND 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING • CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None, ACTION: The motion carried unanimously. 10.D.4. Consider an ordinance approving the 2004-2005 Hotel/Motel Occupancy Tax Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. The Hotel/Motel Fund is used to collect for the levy and use'of the hotel-motel bed tax. Proceeds from this tax are to be used toward the promotion of tourism and the convention and hotel industry in the City. The Hotel/Motel Budget includes operating expenditures • associated with the newly developed Convention &Visitors Bureau, special event funding and debt service associated with the Dell Diamond/United Heritage Convention Center Complex. ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2004-2005. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ' ACTION: The motion carried unanimously. • Y 10.E.1. Consider an ordinance establishing an additional category of assignment pay for firefighters who are assigned to perform special projects. (First Reading) Teresa Bledsoe, Human Resources Director made the staff presentation. Section 143 allows the governing body of a municipality to authorize assignment pay for firefighters who perform specialized functions within the department. The assignment pay is an additional amount is in addition to the regular pay received by members of the Fire Department. This ordinance 91 SEPTEMBER 9 2004 may provide for payment to each fire fighter who meets training or education criteria for an assignment or set criteria that provide for payment only to a fire firefighter in a special assignment. This additional assignment pay for $400.00 per month will be for one Lieutenant who is assigned to perform special projects as-assigned by the Interim Fire Chief David Smith. Projects will include but are not limited to Vehicle Maintenance Plan, • development/operation of the special operation team, liaison in Round Rock Police Department operations involving the Fire Department, station maintenance, and development of Pre-plan Program. The individual will also be expected to perform any other special projects specifically authorized by the Interim Fire Chief. This temporary assignment will allow the department to continue to function and complete the enormous on-going operational assignments until the new Fire Chief is hired. ORDINANCE NO. AN ORDINANCE RE-ESTABLISHING AN ASSIGNMENT PAY PLAN FOR FIREFIGHTERS PREVIOUSLY ESTABLISHED BY ORDINANCE NO. G-01-11-08-13F2, AND ESTABLISHING AN ADDITIONAL SPECIALIZED FUNCTION CATEGORY IN THE CITY'S ASSIGNMENT PAY PLAN FOR FIREFIGHTERS, AUTHORIZING ASSIGNMENT PAY FOR FIREFIGHTERS WHO PERFORM THE SPECIALIZED FUNCTION OF "SPECIAL PROJECTS" WITHIN THE FIRE DEPARTMENT, SETTING AMOUNTS AND CONDITIONS FOR SUCH ASSIGNMENT PAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES MOTION: Councilmember Knight moved to adopt the ordinance. Mayor Pro-tem • McGraw seconded the motion. VOTE. Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode • ACTION: The motion carried unanimously. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. No items were removed from the consent agenda. *9.A. Consider approval of the City Council minutes for the August 26, 2004 Regular Session. 9 �2 SEPTEMBER 9, 2004 *10.8.2. Consider an ordinance rescheduling the October 28 2004 meeting of the Round Rock City Council to October 26, 2004. (First Reading) *10.C.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1 Sections 3-A and 3-13 (Second .Readin *10.C.2. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Estates at Settler's Park Subdivision, Sections 1 and 2 (Second Reading) *11.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 Contract for Engineering Services with Baker-Aicklen &Associates, Inc. for the East Water Transmission Line, Phase 3-A (Redbud Lane) *11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Gray-Jansinq & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Project. *11.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 6 to the Agreement for Engineering Services with Baker-Aicklen & Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. MOTION: Councilmemberoe moved v • C ed to approve all the items in the consent agenda. Councilmember Knight seconded the.motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Nielson, moved to dispense with the second reading of the ordinance for item 10132 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: ' Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Coe • May Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for the August 26, 2004 Regular Session. This item was approved under the consent agenda. RESOLUTIONS: '�� `r ` �� ��� � = SEPTEMBER 9, 2004 11.A.1. Consider a resolution a0groving the annual addenda to the interlocal agreement with the Round Rock Inde[2endent School District for In-School Officers. Lt. Bob Dnavvbaugh made the staff presentation. The City has in p|oms an interlocal agreement through which the City and the Round Rock Independent School District share the cost of maintaining in-school officers aspart ofthe Police Department's School Resource Officer Program. While the City and School District has informally agreed to cost-sharing � arnangenmentfor2003-2OO4/ th|aaddendumnfmrnna|izeathatagreernentesvva|| astha payment for the coming school year. Under the terms ofthe addendum, the school district will pay $254,117.00 of the cost of maintaining these officers for 2003-2004' In the neer future, the Police Department will bring to the Council a revised interlocal agreement between the City and the School District that neoo|vaa some technical issues. This addendum will formalize the cost-sharing arrangement for 3003-2OO4ofthe School Resource Officer program and would allow the City to seek payment from the school district. RESOLUTION 0[]. ________ WHEREAS, the City has previously entered into an Interlocal Agreement for In School C>fOcans ("Agreement") with the Round Rock Independent School District ("School District") to provide for the reimbursement of salary and benefits expenses for In School Officers, and WHEREAS, the City wishes to enter into an Addendum to the Agreement providing for e cost-sharing arrangement between the City and the School District for Fiscal Year 2003-3OO4, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf ofthe City an Addendum to the Interlocal Agreement for In School Officers for Fiscal Year 2003-2004, a copy of same being attached hereto as Exhibit"A", and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such rnaaUng was open to the public as required by |evv at all times during which this Resolution and the subject matter hereof were discussed, considered and..,formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of September, 2004. NYLEMAXWELL, Mayor City of Round Rock, Texas ATTEST: ' CHRISTINE R. MARTINEZ, City Secretary ` MOTION: Cound|rnernber Nielson moved toapprove the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Counc||rnennbmrN|a|son ~ Mayor Pro-tem McGraw ` Counc||rnenmberKn|ght Counci|nnmrnberCme Mayor Maxwell Nays: None Absent: Counci|rnenmberFlhode ACTION: The motion carried unanimously. 11.B.1. Consider a resolution consenting to the addition of 5.176 acres of land to the Williamson County Municipal Utility District No. 11 for inclusion in said district. ]|rn Stendebach, Planning Director made the staff presentation. When VVi||iarnaon County Municipal Utility District (MUD) No. 11 was created, the document contained e development 9 �4 SEPTEMBER 9, 2004 agreement that regulates the expansion of the MUD. The developers of Teravista have acquired a 5.176-acre tract of land located adjacent to Chandler Road and FM 1460 and wish to add it to their master plan. The tract is allowed to be annexed into MUD No. 11 under the terms of the Development Agreement between the City and the Developer. RESOLUTION NO. A RESOLUTION CONSENTING TO THE ADDITION OF 5.176 ACRES OF LAND TO • WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 11 FOR INCLUSION IN SAID DISTRICT. WHEREAS, attached to this resolution and made a part hereof is a petition requesting the consent of the City of Round Rock, Texas, to the annexation of 5.176 acres of land into Williamson County Municipal Utility District No. 11, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Petition for Addition of Certain Land into Williamson County Municipal Utility District No. 11, attached hereto as Exhibit "'A" and incorporated herein, is hereby granted, and the City consents to the annexation of the property described in said petition into the Williamson County Municipal Utility District No. 11. ' The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was. posted and that such meeting was open to the public, as required by law at all times during which this Resolution and the subject matter hereof were discussed,_ considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to.approve the resolution. Mayor Pro-tem • McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor.Pro-tem McGraw Council member Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.C.1. Consider a resolution authorizing the Mayor to execute a Financing Program Agreement with Wells Fargo Brokerage Services. L.L.C., to lease/purchase various equipment. Cindy Demers, Finance Director made the staff presentation. Each year the City acquires a portion of its heavy equipment and rolling stock through a tax-exempt leasing program. The financing program for the current year totals $575,000, financed at an effective interest rate of 2.69%, has a three-year amortization that is outlined in the • operating budget. The first year repayment is included in the proposed operating budget. With a three-year payback, the impact on any one operating budget is minimized. Additionally, the tax-exempt lease rates offer a very favorable cost of capital to the City. This program permits scheduled replacement of worn equipment on a revolving basis. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids to lease/purchase various equipment for use by the City, and 4� SEPTEMBER 9, 2004 WHEREAS, Wells Fargo Brokerage Services, L.L.C. has submitted the lowest and best bid to lease/purchase said equipment to the City, and WHEREAS, the City Council wishes to accept the bid of Wells Fargo Brokerage Services, L.L.C., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a financing program agreement with- - Wells Fargo Brokerage Services, L.L.C., to lease/purchase various equipment, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode • ACTION: The motion carried unanimously. 11.D.1. Consider a resolution setting a Public Hearing on October 14. 2004 to consider updates to the land use assumptions and capital improvements plan and amendments to the current impact fees. Tom Clark, Water and Wastewater.:Utilities Director made the staff presentation. At least every five years, the City's land use assumptions, capital improvement plan and water and wastewater impact fees are reviewed for possible amendment to reflect the cost of constructing infrastructure within the City. Impact fees assist the City in paying for the infrastructure needed by development rather than being subsidized by ratepayers. Current fees are $2,910 for water and $1,059 for wastewater per LUE. Over the last 18 months, the land use projections and the Water and Wastewater Master Plans have been reviewed and updated, and maximum potential impact fees have been calculated. A report detailing such updates and advising the City of such • maximum potential fees was presented for consideration by the City Council and an Advisory Committee comprised of the Planning and Zoning Commission, a member from Williamson County and a non-voting member of the Home Builders Association of Austin. The Advisory Committee met on July 7, July 27, August 4, and August 11, 2004 to review the impact fees and make written comments to the Council. A Public Hearing was recommended for October 14, 2004 to allow the Council to receive input from the public. Thereafter, the Council may agree to update the land use assumptions and the Master Plans, as well as set the actual impact fees. Water and wastewater impact fees are charged SEPTEMBER 9, 2004 to offset the cost of constructing infrastructure to keep up with development and allow for growth to pay for itself rather than being paid for by ratepayers. RESOLUTION NO. WHEREAS, Sections 395.053 and 395.054, Texas Local Government Code, require a municipality modifying impact fees to adopt a resolution setting a public hearing date to consider updates to the land use assumptions and capital improvements plan and amendments to the impact fees for the designated service area, and WHEREAS, the City has determined the land use assumptions, capital improvements • plan and/or the impact fees need to be updated, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of the public hearing in order to comply with said Texas Local Government Code requirements for same, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a public hearing to consider updates to the land use assumptions and capital improvements plan and amendments to the impact fees for the designated service area be held on the 14th day of the month of October, 2004, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required .by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember • Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor'Pro-tem McGraw Councilmember Knight Councilmember Coe Mayor'Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. _ *11.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 Contract for Engineering Services with Baker-Aicklen &Associates. Inc. for the East Water Transmission Line, Phase 3-A (Redbud Lane). This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with.B.aker-Aicklen & Associates, Inc. for the design of the • East Water Transmission Line, Phase 3A (Redbud Lane), and WHEREAS, Baker-Aicklen & Associates, Inc.. has submitted Supplemental Agreement No. 1 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Baker-Aicklen &Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Contract for Engineering Services with Baker-Aicklen & Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds,and declares. that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 97 SEPTEMBER 9, 2004 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code,, as amended. RESOLVED this 9th day of September, 2004. 11.D.3. Consider a resolution authorizing the Mavor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the-design of the East Water Transmission Pipeline, Phase 3A-2. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. The recent Water Distribution Master Plan calls for this line to be installed from US 79 to Forest Creek Drive in order to meet water demands in the south east portion of the City. In the previous Master Plan, the line was not required until 2012 but is needed because of the accelerated growth experienced in the southeast part of town. Staff generally requests proposals for this type of work, however, HDR has done surveying and design of the roadway improvements and a new bridge for Redbud Lane (CR 122). Using HDR will allow for a shorter construction schedule, close coordination of the pipeline and roadway projects and cost savings by preventing redundant work. This will improve the water distribution system capacity, fire protection and reliability in the area. The cost of the contract is $83,026.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of the East Water Transmission Pipeline, Phase 3A-2, and • WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc., for the design of the East Water Transmission Pipeline, Phase 3A-2, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 9th day of September, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem,McGraw moved to approve the resolution. Councilmember • Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Gray-Jansing & 9 ,v SEPTEMBER 9, 2004 Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Proiect This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Gray-Jansing & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Project, and WHEREAS, Gray-Jansing & Associates, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for a change in the scope of services, and • WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Gray-Jansing &Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement with Gray-Jansing & Associates, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public- as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of September, 2004. *11.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 6 to the Agreement for Engineerina Services with Baker-Aicklen & Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ("Contract") with Baker-Aicklen & Associates, Inc. for the reconstruction of Chisholm Trail from Chisholm Trail Hotel Centre to Wolle Lane, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 6 to the Agreement for Engineering Services for a.change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 6 with Baker-Aicklen &Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 6 to the Agreement for Engineering Services with Baker- Aicklen & Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of September, 2004. 11.E.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc. for design work on traffic signals at the intersection of RM 620 and the Round Rock Medical Center • Entrance. Tom Martin, Transportation Services Director made the staff presentation. The City, over the last several years, has studied this intersection for the need for signalization. These studies coupled with the proposed expansion of the Round Rock Medical Center have further warranted the need for a traffic signal. Recently, the Texas Department of Transportation has issued an authorization for the City of Round Rock to proceed with the design and construction of this traffic signal. The cost of the contract is $14, 500. 5 99 SEPTEMBER 9, 2004 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for design work on traffic signals at the intersection of RM 620 and the Round Rock Medical Center entrance, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with WHM Transportation Engineering Consultants, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., for design work on traffic signals at the intersection of RM 620 and the Round Rock Medical Center entrance, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 9th day of September, 2004. ; NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:40 p.m. R pectfully Submitted, Christine R. Martinez, City Secretary SEPTEMBER 23, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, September 23, 2004 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City • Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation regarding an update on the City's insurance plan Teresa Bledsoe, Human Resources Director made the staff presentation. She gave a brief update on the performance of the City's health insurance plan. She added that the City is exploring options to cover several provisions of the plan that would benefit not only the City but also the employees. In addition, staff is looking into finding a consultant that can give better guidance on wellness benefits. Mayor Maxwell asked staff to provide the number of actual.claims the City has paid over the years. 3.B.1. Consider a presentation regarding an update on the Williamson County Humane Society. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. He pointed out that Elaine Hix and Janet Ott of the Williamson Count • P P Y Humane Society were present along with Officer Rod Hampton who is the staff liaison for the Humane Society. Mr. Kautz gave an update on the status of the agreement with the Humane Society. He summarized the following primary issues: • Current payment for 2,000 animals is $65,000 - Base fee is $3,667/month - Per diem, per animal (3 day max) is $5/day • Requested funding for FY2005 - $210,000/year (2000 animals @ $105) • Proposed funding for FY2005 - flat fee of$100,000 a year + appropriate in-kind services (interim agreement) • Improvement to Humane Society facility Staff and the Humane Society are currently working towards an interim and short- term solution. EXECUTIVE SESSION: Mayor Maxwell read the following Executive Session item. The Council then left the dais and proceeded to the Executive Chamber for the Executive Session. • 3.C.1. Executive Session as authorized by 5551.071 Government Code, related to pending or contemplated litigation, to wit: Western Rim Investors 2000-1, L.P. d/b/a Mansions on the Green I and II v. City of Round Rock. Mayor Nyle Maxwell opened the Executive Session for this item at 6:46 p.m. and adjourned at 7:05 p.m. CALL REGULAR SESSION TO ORDER Mayor Maxwell called the regular session to order at 7:10 p.m. 101 SEPTEMBER 23, 2004 PLEDGE OF ALLEGIANCE: Mayor Maxwell led the pledge of allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom. Nielson,.Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City • Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Gisele Schaefer, 2003 Woods Cove, reported that Mental Awareness Week is October 3-9, 2004. She gave a brief update on policy changes that impact person with serious mental illness and the importance of public awareness of promoting mental health, preventing mental disorders and achieving victory over mental illness. PROCLAMATIONS: 8.A. Consider proclaiming September 25, 2004 as Public Safety Day Sponsored by Round Rock Noon Kiwanis. Mayor Maxwell read the following proclamation and presented it to Kelly Webb of the Round Rock Noon Kiwanis. WHEREAS, Public Safety Awareness Day began around 1986 as a way to increase public awareness of the many and diverse roles of the Round Rock Fire Department, Police Department, and Emergency Medical Services (EMS); and WHEREAS, as our City has grown throughout the years, these public services have • increased their presence in the community; and WHEREAS, the Round Rock Fire Department, Police Department, and EMS have routinely provided the City with necessary services in an efficient, professional and courteous manner, and actively promotes and encourages the goals of providing an attractive, safe and economically sound environment for its businesses and citizens; and WHEREAS, the Round Rock Noon Kiwanis is a non-profit civic organization that was founded in 1952 and have dedicated themselves to improving and enhancing the lives of young children in the City of Round Rock; and WHEREAS, since 1991 Kiwanis has held an Annual Pancake Breakfast Fundraiser for all citizens to enjoy and then donating the proceeds of the fundraiser to the Texas Baptist Children's Home, Williamson County & Cities Health Department, scholarships to all high schools in the Round Rock area, the YMCA, and many others; and WHEREAS, these two events were brought together several years ago on the front lawn of the Texas Baptist Children's Home to bring greater awareness to our community of ' the many service opportunities available in Round Rock and the many roles that our public service departments fulfill. NOW, THEREFORE, I, NYLE MAXWELL, MAYOR of the City of Round Rock, Texas, do hereby proclaim September 25, 2004, as "PUBLIC SAFETY DAY SPONSORED BY ROUND ROCK NOON KIWANIS" in the City of Round Rock, Texas and urge all citizens to partake in all of the activities of the day and to practice Public Safety Awareness at all times. PROCLAIMED this 23rd day of September 2004. PRESENTATIONS: • 9.A. Continuation of presentations not addressed during the Work Session. All of the presentation were addressed during the work session. 9.B.1. Consider a presentation from the Economic Development Program Oversight Committee regarding their semi-annual report on Economic Development within the City_ Mayor Maxwell outlined the duties of the Economic Development Oversight Committee. Charlie Dromgoole, Vice Chairman of the Economic Development Program Oversight Committee and President of the Round Rock Chamber of Commerce gave the following report. 102 SEPTEMBER 23, 2004 • Economic Development Partnership contract approved by the City Council on January 8, 2004. • ED Oversight Committee held their first meeting on January 21, 2004 and began developing the organization. • In February, the Committee began and completed the selection of the ED Committee and held the first meeting of the entire group on March 17, 2004. • Began making existing industry visitations and to date have completed 14 visits. • Held and economic development strategic planning meeting with TIP Strategies on • March 4, 2004 and reported results to the City Council on March 25, 2004. • Submitted the first draft of the 2004-05 Budget for the Economic Development Partnership and the Transition Budget for the Economic Development Partnership for the remainder of the City's Fiscal Year on April 1, 2004. Transition Budget was approved on April 8, 2004. • Began the hiring process in Februaryfor the Economic Development Vice p President position. Received 36 resumes, conducted phone interviews with 10 potential candidate, and invited 4 for personal interviews in April and May. • Hired Scott Martinez of the Greater Conroe (TX) Economic Development Council on May 5, 2004. • Began formulation of the Strategic Directions for the Economic Development Partnership in April. • Began planning for the Momentum fundraising campaign and the development of marketing materials for the campaign. Held kickoff for the campaign on May 19, 2004, and officially began fundraising effort to raise private funds needed for the Economic Development Partnership. • To date, $928,500 of the $1,250,000 goal (75%) has been pledged in just 4 • months. • The remodeling of the upstairs of the Chamber for the Economic Development Partnership has been completed, and is now fully staffed as planned. Scott Martinez, Economic Development Vice President made the following presentation: Round Rock Economic Development - Professional - Pro-Active - Results Oriented - Accountable - Effective Economic Development Programs • Existing Industry Program - Full-time professional staff person - An average of 8 visits will be made per month - Diversity of firms visited on a monthly basis and o ortunities among local business and industry. Identify issues pp g ry - You cannot sell what you can't service. • Marketing Program - Aggressive, pro active approach. - Respond to all inquiries within 48 hours. - Creative Garage is designing collateral material. - Website - Target realistic, compatible firms - Capture opportunities. • Research Program - Full-time professional staff person - A comprehensive research program is paramount for Economic Development - Accurate, flexible demographics capabilities - Economic Impact Model - Property database ;f i 1 :0 3SEPTEMBER 23, 2004 1 Plan of Work - A detailed Plan of Work will be followed - Progress reports on the Plan of Work will be given throughout the year. - Plan of Work assigns responsibilities and timelines for economic development action items. Timetable • 60 days - Economic Development "infrastructure"in place. - Directories and collateral material in place. • _ Website will be revamped. Site selection event with Greater Austin Chamber. • 90 days - First ACCRA Cost of Living Survey for Round Rock - Wage & Fringe Benefit Survey will be conducted. - First existing industry forum will be held. - Regional marketing trip with Greater Austin Chamber. PUBLIC HEARINGS: 10.A.1. Consider public testimony concerning the proposed 2004-2005 Operating Budget for the City of Round Rock. Cindy Demers, Finance Director made the staff presentation. The Operating Budget consists of the General Fund, General Debt Service fund and the Water/ Wastewater Utility Fund. The Operating Budget provides improved levels of service for a growing community at competitive tax and utility rates while adhering to the City's financial policies. The proposed tax rate of $0.37972 is required to balance the FY2004-05 Operating Budget and new debt service as authorized by voters. This proposed • rate is $0.02257 above the 2003 (FY 2003-2004) rate of $0.35715 and $0.01519 above the 2004 effective tax rate. 2003 (FY 2004) Current Tax Rate - $0.35715 2004 (FY 2005) Effective Tax Rate - $0.36453 2004 (FY 2005) Proposed Tax Rate - $0.37972 Ms. Demers noted that staff has updated the figures in the budget as previously requested by the Council at the last meeting. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 10.A.2. Consider public testimony concerning the proposed 2004 property tax rate for the City of Round Rock. David Kautz, Assistant City Manager/Chief Financial Officer, and Cindy Demers, Finance Director made the staff presentation. The proposed tax rate of $0.37972 is required to balance the FY2004-05 Operating Budget. This rate is $0.02257 • above the 2003 (FY 2003-2004) rate of $0.35715 and $0.01519 above the 2004 effective tax rate. 2004 (FY 2005) Proposed Tax Rate - $0.37972 2004 (FY 2005) Effective Tax Rate - $0.36453 2003 (FY 2004) Current Tax Rate - $0.35715 The tax rate provides adequate funding for the proposed operating budget. It still remains a competitive rate when compared to other municipalities. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. SEPTEMBER 23, 2004 10.A.3. Consider public testimony concerning proposed amendments to the Water and Wastewater rates. David Kautz, Assistant City Manager/Chief Financial Officer, and Cindy Demers, Finance Director made the staff presentation. Historically, the City has taken a utility rate management approach that avoids substantial rate increases in any given year. Staff will continue to make rate recommendations in consideration of this philosophy in addition to keeping the rates competitive within the area. • Last year the City completed a comprehensive water and wastewater utility rate study conducted by the consulting firm of Black and Veatch. Results of this study indicated the need for a multi-year approach to utility rate adjustments. Increased operating costs, new regulatory requirements and anticipated debt issuance associated with a $200 million utility capital improvement program are the primary causes of the rate considerations. The proposed rate increase for January 2005 will affect both the water &wastewater components of the utility bill and is estimated to increase the average residential bill by approximately 3% or $1.92 per month. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by • one motion. Item 13F1 was removed, from the consent agenda and addressed during the normal sequence of the agenda. *13.E.2. Consider a resolution authorizing the closing of a portion of Harrell Parkway and Aten Loop on October 10, 2004 for a run/walk to benefit the Williamson County Crisis Center. *13.E.3. Consider a resolution authorizing the closing of streets on October 4, 2004 for the Stony Point High School Homecoming Parade. *13.E.4. Consider a resolution authorizing the closing of a portion of Harrell Parkway and Kiphen Road on October 9, 2004 for the Outlaw Trail 100 Bicycle Tour. *13.E.5. Consider a resolution authorizing the closing of streets on October 2, 2004 for a Coats for Kids Fun Run. *13.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for the Installation and Reimbursement for the • Operation and Maintenance of Traffic Signals at IH-35 and FM 1325 (SH 45) with the Texas Department of Transportation. This item was removed from the consent agenda and addressed during the normal sequence of the agenda. *13.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Martinez, Wright & Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35. 7 TX11 ' f{ 10 .5 SEPTEMBER 23, 2004 *13.F.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street. MOTION: Councilmember Rhode moved to approve all the remaining items listed in the consent agenda. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ORDINANCES: 12.A.1. Consider an ordinance adopting the 2004-2005 Operating Budget for the City of Round Rock. (Second Reading) David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation for this item during the public hearing. The proposed tax rate of $0.37972 is required to balance the FY2004-05 Operating Budget. This rate is $0.02257 above the 2003 (FY 2003-2004) rate of $0.35715 and $0.01519 above the 2004 effective tax rate. The Operating Budget provides improved levels of service for a growing community at competitive tax and utility rates while adhering • to the City's financial policies. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.A.2. Consider an ordinance adopting the 2004 property tax rate for the City of • Round Rock. (Second Reading), David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation for this item during the public hearing. Summary of proposed tax rate is a follows: Maintenance and operation of the Municipal Government 20.922 cents Interest and Sinking 17.050 cents Total Tax per $100.00 of valuation 37.972 cents ORDINANCE NO. 10 SEPTEMBER 23, 2004 AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 2004. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.A.3. Consider an ordinance amending Chapter 10 Sections 10.201 and 10.202 of the Round Rock Code of Ordinances (1995 Edition) amending the Water and Wastewater Rates. (Second Reading) David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation for this item during the public hearing. Summary of the water and wastewater rates are as follows: • Effective January 1, 2005, the water rate for retail.customers shall be $1.96 J per 1,000 gallons of water used by all customers. • Effective January 1, 2005, the wastewater rate for retail customers shall be $2.26 per 1,000 gallons of water used for all users. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 SECTIONS 10.201 AND 10.202 CODE OF • ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.A.4. Consider an ordinance approving the 2004-2005 Hotel/Motel Occupancy Tax Budget. (Second Reading) Cindy Demers, Finance Director made the staff presentation. The Hotel/Motel Fund is used to collect for the levy and use of the hotel-motel bed tax. • Proceeds from this tax are to be used toward the promotion of tourism and the convention and hotel industry in the City. The Hotel/Motel Budget includes operating expenditures associated with the newly developed Convention &Visitors Bureau, special event funding and debt service associated with the Dell Diamond/United Heritage Convention Center Complex. ORDINANCE NO. k3'%1 107 SEPTEMBER 23, 2004 AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2004-2005. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember_Nielson Mayor Pro-tem McGraw Councilmember Knight is Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.A.5. Consider an ordinance amending the 2003-2004 Operating Budget. (First Reading) David Kautz, Assistant City Manager/Chief Financial Officer, and Cindy Demers, Finance Director made the staff presentation. The budget amendment allocates available cash from this fiscal year to specified capital purchases. The available funds are provided primarily by delayed implementation of budgeted programs and one-time revenue sources. These amendments designate additional funds collected in FY 2004. The FY 2004-2005 Capital Requests Funded are as follows: Enhance City's Website $85,000 Network Security Audit 25,000 Mid-size server 20,000 • Carpet replacement for Library 12,000 Horizon Module 9,200 Library Drainage Repair 6,000 Dump Truck 85,000 Small Engine Expansion 30,000 Heavy Equipment List 23,000 Total $295,200 Budget Revision #2'- Fiscal Year 2003-2004 is as follows: 2003-04 2003-04 Revised Revised General Fund Budget #1 Budget #2 Variance Revenues $ 57,403,737 - $ 60,340,507 $ 2,936,770 Expenditures (57,399,043) (60,335,813 (2,936,770) Total Change in Fund Balance 4,694 4,694 S 01 Utility Fund Revenues $ 24,483,700 $ 24,483,700 $ 0 Operating Expenditures (24,483,700) (24,483,700 , 0 Change in Working Capital 0 0 0 ORDINANCE NO. • AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2003-2004. MOTION: Councilmember Rhode moved to adopt the ordinance.Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 108 SEPTEMBER 23, 2004 ACTION: The motion carried unanimously. 12.A.6. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2004-2005 (First Reading) Cindy Demers, Finance Director made the staff presentation. This fund is divided into three sections, Child Safety,fees, Court Security fees, and Court Technology fees. These funds will create safer school zones for student pedestrians, support upgrades in Municipal Court Technology, and strengthen • security during court sessions. All of the fees are collected on conviction of certain Municipal Court offenses with expenditures that are defined by statute. Adoption of the annual budget allows staff to implement plans for enhancing the safety of children, technology of processing cases, and creating a security plan for the courtroom. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe' Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 12.A.7. Consider an ordinance approving and adopting a budget for the Law Enforcement Fund for Fiscal Year 2004-2005. (First Reading) Rick White, Police Department made the staff presentation. This fund was established for the asset forfeiture program created by the federal government and later adopted by individual states. It is a tool to seize assets obtained as a result of criminal activity. This program targets property, monies, and holdings gained through the commission of state or federal felonies or used in the commission of those felonies. The City participates in sharing programs with the U.S. Drug Enforcement Agency, the Federal Bureau of Investigation, and the U.S. Treasury Department. The state program is based on a written agreement with the District Attorney's office; as a result of this agreement, the City receives (a) all seized vehicles valued at $1,000 or more, (b) 50 percent of cash after the first $500, and (c) 50 percent of • proceeds from the sale of seized property after the first $5,000. This is a routine, annual budget. ORDINANCE NO.. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Rhode seconded the motion. SEPTEMBER 23, 2004 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 12.A.8. Consider an ordinance approving and adopting a budget for the Library Fund for Fiscal Year 2004-2005. (First Reading) Dale Ricklefs, Library Director made the staff presentation. This was an agency fund, which has been converted to a special revenue fund. This fund accepts donations by patrons of the library for various book and videos to be purchased and housed in the Library. Donations from library patrons are used to purchase various library materials. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute a contract with Schroeder Construction Company. Ltd. for the construction of the Avery Farms Wastewater Interceptor. Tom Clark, Director of Water and Wastewater Utilities made the staff presentation. The Avery Farm Wastewater Interceptor will serve the Round Rock Higher Education Center and future development within its drainage basin, which includes Williamson County MUD #11. Total estimated project cost is $2,050,000. On July 27, 2004, eleven bids were received for the Avery Farms Wastewater Interceptor Project. Schroeder Construction Company Ltd. submitted the low bid of • $918,447.90. Based on review of the bids by staff and CDM Engineering, Inc., staff recommended award of the bid to Schroeder Construction Company Ltd. in the amount of $918,447.90. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Avery Farms Wastewater Interceptor, and WHEREAS, Schroeder Construction Company, Ltd. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Schroeder Construction Company, Ltd., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 110 SEPTEMBER 23, 2004 That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Schroeder Construction Company, Ltd. for the construction of the Avery Farms Wastewater Interceptor. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during. which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. KYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Page Southerland Page, L.L.P. for the Southwest Downtown District Utility and Street Improvements, Phase II Project. Tom Word, Chief of Public Works • Operations made the staff presentation. Page Southerland Page (PSP) has provided Engineer Services and Design for Phase 1 of the Southwest Downtown Project. The second issuance of bond money allows the city to combine the two phases together into one construction project. Additional Streets and Utilities will be added to overall project and all construction will take place at one time. This will help to minimize the disruption of traffic in the area as the City will have one general contractor doing the total work at one time for both phases of the GO Bond 2001 Projects (Phase 1 & Phase 2). This contract will provide engineering services for the design of street, sidewalk, regional water quality pond, water and wastewater utilities, and storm drainage improvements for the area. PSP will coordinate design to move electric, telephone and television cabling from overhead lines to underground. Public input has and will continue to be taken into consideration from neighborhood meetings and individual meetings with the citizens and business owners of • the area. The cost of this agreement is $246,743. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Downtown District Utility and Street Improvements,,Phase II Project, and WHEREAS, Page Southerland Page, L.L.P. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Page Southerland Page, L.L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is,hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Page,Southerland Page, L.L.P. for the Downtown SEPTEMBER 23, 2004 District Utility and Street Improvements, Phase II Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel to represent the City in a • lawsuit styled Western Rim Investors 2000-1, L.P. d/b/a Mansions on the Green I and II v. City of Round Rock. Steve Sheets, City Attorney made the staff presentation. The City has been sued in Federal Court by Western Rim Investors 2000-1, L.P. challenging the enforcement and constitutionality of the City's ordinances regulating signs. Western Rim owns the Mansion on the Green apartments located on O'Connor Drive in the City's extraterritorial jurisdiction. Bob Heath of the Bickerstaff law firm was recommended by Texas Municipal League. Mr. Heath has recently successfully defended the city of Bee Caves in a challenge to its sign ordinance. This engagement letter'is limited to $50,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional legal services to represent the City in a lawsuit styled Western Rim Investors 2000-1, L.P. d/b/a Mansions on the Green I and II v. City of Round Rock, and WHEREAS, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into ,said engagement letter with Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said engagement letter with Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas 1. 12 SEPTEMBER 23, 2004 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Texas Department of Public Safety Division of Emergency Management to partially fund two Emergency Management Coordinator positions. Keith Tanner, Fire Marshall made the staff presentation. The City of Round Rock has participated in this grant since the early 1980's. This application will serve as the City's request to continue the grant for the 04-05 Fiscal Year. The Emergency Management Performance Grant application (EMPG) program provides federal funding to assist states and local governments in developing and carrying our emergency management programs. States receive EMPG funding from FEMA, and, in turn, pass through a majority of the EMPG funding to local reimburse them for emergency management program expenses. Currently, the Emergency • Management Coordinator and Assistant Coordinator spend 50% of their time on emergency management activities. This program will reimburse the City for 50% of the time spent on emergency management activities, which equates to 25% of the salaries for the emergency management staff. The amount of the grant is $43,000. RESOLUTION NO. WHEREAS, the Texas Department of Public Safety, Division of Emergency Management has grant funds available to cities to assist in developing and carrying out emergency management programs, and WHEREAS, Emergency Management Performance Grant funds are available to partially fund two Emergency Management Coordinator personnel, and WHEREAS, the City Council wishes to make application for the above-described grant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. 113 SEPTEMBER 23, 2004 VOTE: Ayes:. Councilmember=Nielson Mayor'Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None - ACTION: The motion carried unanimously. 13.D.2. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Homeland Security for a Fire Prevention and Safety Grant to partially fund a new fire safety trailer. Keith Tanner, Fire Marshall made the staff presentation. The goal of the Fire Prevention and Safety Grant Program is to provide assistance to State, Regional, National or Local organizations to address the issues of fire prevention and firefighter safety with an emphasis on the prdVention of injury to children. The primary goal is to address at risk target groups and United States Fire Administration identified goals. This matching grant will provide us with a new, modern fire safety trailer and will allow us to conduct fire safety presentations with local schools, neighborhood festivals, civic groups, City sponsored events (Christmas Family Night), elderly populations and during other special events as they occur. Safety information will also include severe weather topics as well. The grant request includes a fully equipped trailer, a portable cover • and an external portable cooling system. We will utilize existing vehicles to pull the trailer without any additional expense. Target audiences will be children and the elderly. This grant is a 70/30% matching grant with 30% being the local share. The cost to the City will be $21,395.10. RESOLUTION NO. WHEREAS, the U.S. Department of Homeland Security has grant funds available to cities to address the issues of fire prevention and firefighter safety, and WHEREAS, Fire Prevention and Safety Grant Program funds are available to partially fund a new fire safety trailer for the Fire Department, and WHEREAS, the City Council wishes to make application for the above-described grant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 23rd day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight 1 .1 SEPTEMBER 23, 2004 Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Application Software Products and Services with Open Software Solutions Inc. for the Computer Aided Dispatch/Records Management System project to include electronic tickets. Bryan Williams, Police Chief made the staff presentation. In 2002, the Police Department entered into a $1,086,499.00 contract with Open Software Solutions, Inc. to replace the Police and Fire Department's computer aided dispatch (CAD) and records management (RMS) system. Using CAD systems, public safety officers can gather critical information related to calls-for-services through wireless communications systems coupled with mobile computers installed in their vehicles. This system will be used by our 100+ officers, as well as Animal Control and Fire Department personnel. The proposed contract amendment includes the addition of the electronic tickets program. Approving the agreement will allow the Department to begin filing citations with Municipal Court via electronic media. The cost of this Supplemental Agreement is $24,600.00. RESOLUTION NO. • WHEREAS, the City has previously entered into an Agreement for Application Software Products and Services ("Agreement") with Open Software Solutions, Inc. for the purchase, installation, and support of a Computer Aided Dispatch/Records Management System, and . . ., 1 WHEREAS, Open Software Solutions, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to include filing of electronic tickets, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Open Software Solutions, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Application Software Products and Services with Open Software Solutions, Inc., a copy"of same being attached hereto as Exhibit"A" and incorporated herein for all purposes'. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the.meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 23rd day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor .Maxwell 115 SEPTEMBER 23, 2004 Nays: None' ACTION: The motion carried unanimously. *13.E.2. Consider a resolution authorizing the closing of a portion of Harrell Parkway and Aten Loop on October 10, 2004 for run/walk to benefit the Williamson County Crisis Center. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the Stony Point High School Navy Junior ROTC has requested .that Harrell Parkway from approximately 4,380 feet north of its intersection with Palm Valley Boulevard to CR 113, and Aten Loop, be closed from 5:00 o'clock a.m. until 10:30 o'clock a.m. on October 10, 2004 for a run/walk to benefit the Williamson County Crisis Center, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a portion of Harrell Parkway and Aten Loop be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September; 2004. *13.E.3. Consider a resolution authorizing the closing of streets on October 4, 2004 for the Stony Point High School Homecoming Parade. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the Stony Point High School Cheerleaders have requested that the streets along the following parade route be closed from 6:00 o'clock p.m, until 8:00 o'clock p.m. on October 4, 2004 for the Stony Point High.School Homecoming Parade: Bowman Road from approximately 788 feet east of its intersection with Sunrise Road to its intersection with Ridgetop Drive, south on Ridgetop Drive to Ridgeline Drive, west on Ridgeline Drive to West Mesa Park Drive, south on West Mesa Park Drive to Long Meadow Drive, east on Long Meadow Drive, north on Long Meadow Drive to Ridgeline Drive, east on Ridgeline Drive to Sunrise Road, north on Sunrise Road to a point approximately 80 feet north of the intersection of Ridgeline Drive, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the parade route be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. *13.E.4. Consider a resolution authorizing the closing of a portion of Harrell Parkway and Kiphen Road on October 9, 2004 for the Outlaw Trail 100 Bicycle Tour. This item was • approved under the consent agenda. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that Harrell Parkway, from its intersection with the access road to Rabb Pavilion to Aten Loop, and Kiphen Road (CR 113) from Harrell Parkway to CR 122, be closed from 7:30 o'clock a.m. until 9:30 o'clock a.m. on October 9, 2004 for the Outlaw Trail 100 Bicycle Tour, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a portion of Harrell Parkway and Kiphen Road (CR 113) be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that 116 SEPTEMBER 23, 2004 such meeting was open to the public as required, by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter. 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. *13.E.5. Consider a resolution authorizing the closing of streets on October 2 2004 for a Coats for Kids Fun Run. This item was approved under the consent agenda. RESOLUTION NO. . WHEREAS, the; Round Rock Volunteer Center has requested that La Frontera Boulevard from Hesters Crossing to Sundance Parkway, Sundance Parkway from La Frontera Boulevard to Kouri Avenue, and Kouri'Avenue from Hesters Crossing to Sundance Parkway, be closed from 7:30 o'clock a.m. until 9:30 o'clock a.m. on October 2, 2004 for the Round Rock Coats for Kids Fun Run, and: WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the run route be closed as set forth above. The City Council hereby finds and. declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. *13.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals at IH-35 and FM 1325 (SH 45) with the Texas Deoartment of Transportation. This item was removed from the consent agenda so it can be addressed at this time. Tom Word Chief of Public Works O • perations made the staff presentation. Under state policy, when a municipality reaches a population of 50,000, the municipality is responsible for the installation, maintenance, and operation of all traffic signals located on state highways. In March 2003, the City assumed responsibility for all traffic signals located on state highway system. In conjunction with the construction of SH 45, TxDOT has requested that the traffic signals at the intersection of IH-35 and FM 1325 (SH.45).be transferred to the state during construction. The maintenance, operation, and timing will be the responsibility of the Texas Turnpike Authority, through the TxDOT. During the construction of SH 45, the state will be responsible for the maintenance, operation and timing of the traffic signals at this intersection. On completion of this work, the City may, at its option, request that the maintenance, operation and timing of these signals be returned to the City of Round Rock, as a supplemental agreement to the Type R Maintenance Agreement with the state. • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a Municipality ("Agreement") with :the State of Texas, acting through the Texas Department of Transportation ("TxDOT"), and WHEREAS, the City now wishes to enter into Supplemental Agreement No. 1 to the Agreement transferring responsibility for.the `maintenance and operation of traffic signals at the intersection of IH-35 and FM 1325 (SH 45) to TxDOT during the construction of SH 45, Now Therefore BE IT RESOLVED BY THE COUNCIL.OF THE CITY OF ROUND ROCK, TEXAS, t � 117 SEPTEMBER.23;'2004 That the Mayor is hereby authorized and directed to execute on behalf of the City said Supplemental Agreement No. 1, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September 2004. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Martinez, Wright & Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS,.the City of Round Rock has previously entered into an4Agreement for Engineering Services with Martinez, Wright & Mendez, Inc. to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Martinez, Wright & Mendez, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Engineering Services with Martinez, Wright & Mendez, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Opp, Meetings Act, Chapter 551.; Texas Government Code, as amended. • RESOLVED this 23rd day of September, 2004. 13.F.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 7 to the Agreement for Engineering Services with Carter & Burgess, Inc. for improvements to US 79 from FM 1460 to CR 195. Tom Word, Chief of Public Works Operations made the staff presentation. The US 79 project is a federally funded project that the City, in conjunction with TxDOT, is working to widen the existing State Highway to a 4- lane divided section that would include drainage, signalization, illumination and signage improvements. This agreement is an addition to the current contract with Carter-Burgess, 118 SEPTEMBER 23, 2004 Inc., which will allow for the development of construction plans for the culvert to be bored under US 79, update existing plans to TxDOT 2004 specifications, and gather and assemble an utility reimbursement package. The cost of this Supplemental Agreement is $98,643.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Carter & Burgess, Inc. for the preparation of plans, specifications, and estimates for 1.5 miles of US 79 from FM 1460 to CR 195, and WHEREAS, Carter & Burgess, Inca has submitted Supplemental Agreement No. 7 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 7 to the Agreement with Carter & Burgess, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 7 to the Agreement with Carter & Burgess, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.F.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 with Baker-Aicklen &Associates Inc. for the design of roadway improvements on CR 122 from Forest Creek Drive to Brushy Creek. Tom Word, Chief of Public Works Operations made the staff presentation. The. agreement with Baker-Aicklen & Associates, Inc. was originally executed by the City of Round Rock in May 1999. Since its execution, there have been three other supplemental agreements to this professional services contract. Currently, the identified segment of CR 122 (Red Bud Lane) is • undergoing utility relocations by perspective utility companies. Cash Construction Company will be performing the roadway and waterline construction upon their completion of the utility relocations.. Supplemental Agreement No. 4 will enable the City of Round Rock to retain the services of Baker-Aicklen &Associates, Inc., through the remainder of the construction of the project. The cost of this Supplemental Agreement is $8,345.00. RESOLUTION NO. y • a — I a 4 � 7 1 .19 SEPTEMBER 23; 2004 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Baker-Aicklen & Associates, Inc. for the design of roadway improvements on CR 122 from Forest Creek Drive to Brushy Creek, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 4 to Contract for Engineering Services for a change in the scope of services, and to extend the contract period, and WHEREAS, the City Council desires to approve said Supplemental Agreement No. 4 with Baker-Aicklen &Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 4 to Contract with Baker-Aicklen &Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.F.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street, and WHEREAS, Freese and Nichols, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Freese and Nichols, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City • Supplemental Agreement No. 2 to the Agreement for Engineering Services with Freese and Nichols, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of September, 2004. APPOINTMENTS: 12 ,0 SEPTEMBER 23, 2004 14..A. Consider Council confirmation of Mayoral appointee Councilmember Scott Rhode, as the Council representative to the Chamber of Commerce Board of Directors MOTION: Mayor Pro-tem McGraw moved to approve the Mayoral appointee by acclamation. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:00 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 121 OCTOBER 5, 2004 The Round Rock City Council met in a Special Called Session on Tuesday, October 5, 2004 in the City Council Chamber, 221 E. Main Street. CALL SPECIAL CALLED SESSION TO ORDER: Mayor Maxwell called the session to order at 6:30 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan • McGraw, Councilmember Tom Nielson, Councilmember Carrie Pitt, Councilmember Scot Knight, and Councilmember Gary Coe. Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation from the Simon/Chelsea Group regarding the status of their retail proiect in the City. Kathy Shields, Vice-President for Development of the Simon Property Group, Inc. announced that Simon in partnership with Chelsea Property Group, Inc. to build a $100 million Premium Outlet Center at the northeast quadrant of IH-35 and Chandler Road. The Center will house approximately 135 designer and name brand outlet stores representing the finest names in fashion, home furnishings and more. It will be conveniently arranged in an open-air pedestrian village of boutique shops. Mark Silvestri, Senior Director-Development &Acquisitions of the Chelsea Property • Group, Inc. announced that the Center will be built in two phases utilizing local Hill Country architecture and landscaping, and will include various consumer amenities, including restaurants, courtyards, fountains, local tourism resources, and public spaces. The first phase will be 430,000 square feet with a proposed ground breaking in the summer of 2005 with opening in the fall of 2006. The second phase will be 120,000 square feet, which will be completed in two to three years after the first phase. Brad Stipe, Senior Director of Architecture gave an overview of schematic drawings of the development and proposed architecture and materials that will be used'for the Center. The Council poised questions to the developers regarding the layout of the center, advantages of stores being in outlet malls, benefits the Center will offer Round Rock and how a destination business affects a City. • Mayor Maxwell announced that representatives from Chelsea and Simon would remain after the Council meeting to answer questions from the public. ADJOURNMENT: There being no further business, the meeting adjourned at 7:24 p.m. Re. pectfully Submitted, Christine R. Martinez, City Secretary 122 OCTOBER 14, 2004 The Round Rock City Council met in Executive Session and Regular Session on Thursday, October 14, 2004 in the City Council Chamber, 221 E. Main Street. CALL EXECUTIVE SESSION TO ORDER - 6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City • Attorney Steve Sheets. EXECUTIVE SESSION: Mayor Maxwell read the following Executive Session items. The Council then left the dais and proceeded to the Executive Chamber for the Executive Session. 3.A. Executive Session as authorized by 5551.072 Government Code, related to the acquisition of real property, to wit: (1) A Temporary Construction Easement from Texas Crushed Stone Company, Inc. for a proposed wastewater line. (2) Three Wastewater Line Easements and one Temporary Construction Easement from Georaetown Railroad Company, Inc. for a proposed wastewater line. (North side of FM 1431) (3) A Wastewater Line Easement from Georgetown Railroad Company, Inc. for a proposed wastewater line. (South side of FM 1431) - Mayor Nyle Maxwell opened the Executive Session for this item at 6:04 p.m. and adjourned at 6:44 .m. • J P 3.B. Executive Session as authorized by $551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. (Simon/Chelsea Group) Mayor Nyle Maxwell opened the Executive Session for this item at 6:45 p.m. and adjourned at 7:14 p.m. CALL REGULAR SESSION TO ORDER Mayor Maxwell called the regular session to order at 7:20 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the pledge of allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. • CITIZENS COMMUNICATIONS: Darin Bayles, President of the Round Rock Police Officers Association, invited Council and citizens to a fundraiser to benefit for Officer Bobby Arrington who has a serious illness. A softball tournament will be held at McNeil Park on Saturday, October 16, 2004, beginning at 8:00 a.m. There will be a concession available for food and drinks. PROCLAMATIONS: Q 123 3 OCTOBER 14, 2004 8.A. Consider proclaiming October 23, 2004 as "For the Love of Christi Day" and "Memorial Grove Dedication Day". Mayor Maxwell read the following proclamation and presented it to George Lang, President of"For the Love of Christi", and Emsud Horozovic, Forestry Manager. WHEREAS, "For the Love of Christi" is a non-profit, non-denominational organization providing help and ongoing support to individuals and families adjusting to life after the • death of a loved one, and WHEREAS, founded in 1987 by Don and Susan Cox following the death of their daughter, Christi Lanahan, participants in "For the Love of Christi" help one another with their pain in finding peace once again, listen with their hearts by reaching out to others who are hurting, and work to keep the cherished memories of loved ones alive by offering unconditional love, comfort and emotional support, and WHEREAS, "For the Love of Christi" and the City of Round Rock Parks and Recreation Department Urban-Forestry Division are sponsoring the planting of a Memorial Grove Phase 4 at Old Settlers Park at Palm Valley on October 16, 2004 to provide an opportunity for individual and families to plant a living memorial in the name of a loved one, and WHEREAS, a ceremony will be held to officially dedicate the Memorial grove at 11:00 A.M. on Saturday, October 23, 2004. NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim October 23, 2004 as "FOR THE LOVE OF CHRISTI DAY" and "MEMORIAL GROVE DEDICATION DAY" in the City of Round Rock and call on all citizens to join me in recognizing the efforts of"For the Love of Christi" and Round Rock Parks and Recreation Department Urban Forestry Division in bringing the Memorial trees to the citizens of Round Rock and urge all citizens to plant trees to gladden the heart and promote the well- being of this and future generations. PROCLAIMED this 14th day of October 2004. PRESENTATIONS: • 9.A.1. Consider a presentation regarding a rate increase for residential garbage hauling. Tom Word, Chief of Public Works Operations made the staff presentation. Round Rock Refuse is franchised for residential garbage hauling within the City of Round Rock. The City received a request from Round Rock Refuse for a rate increase duet.to increases in landfill charges, fuel costs and insurance costs. Mr. Word outlined the following information. HISTORY: • Round Rock Refuse has provided residential garbage service for the City since 1983 • Current contract effective October 1, 1990 • Rate increases: - December 1990 - Landfill - September 1991 - Landfill - January 1994 - Landfill - October 1994 - City Recycling - February 1997 - City Recycling - January 2000 - Landfill • The City Survey rated the garbage service as 80% good or excellent. • Mr. Word outlined the residential City garbage service rates comparison. CONTRACT REQUIREMENTS • Twice weekly residential collection. • Up to 6 sacks, containers or bundles of brush per pickup and up to 50 lbs per sack or container. • Provide for bulky waste pickup one day per week. • Provide pickup at all City owned buildings and facilities at no additional charge. Rate Evaluation • Round Rock Refuse Request Increased Landfill Costs - $0.60 / customer Increased Fuel & Ins. Costs - $0.15 / customer Total: $0.75 124 OCTOBER 14, 2004 • City Billing, Collection, &Admin $0.19 / customer Total Requested Increase: $0.94 / customer CITY BILLING, COLLECTION AND ADMINISTRATION • City expenditure - $641,000 • No. of Residential Accounts - 22,155 • Monthly cost per acct. - $2.41 • Current monthly charge per acct. - $1.81 RATE RECOMMENDATION • Components Current Proposed Proposed Senior Rate Rate Rate Round Rock Refuse $8.85 $9.60 $8.80 City Billing, Collection & $1.81 $2.00 $1.80 Admin City Recycling _ $.0.40 $0.40 $0.40 Total $11.06 $12.00 $11.00 In response to Councilmember Coe's inquiry, Mr. Word responded that there were no incentives for recycling since the program is voluntary. Councilmember Coe asked staff to investigate an incentive for individuals who recycle and to look at a "pay as you throw" option for those who choose not to recycle. PUBLIC HEARINGS: 10.A.1. Consider public testimony regarding updates to the land use assumptions and capital improvements plan, and amendments to the current water and wastewater impact fees. Tom Clark, Director of Utilities made the staff presentation. At least every • five years, the City's land use assumptions, capital improvement plan and water and wastewater impact fees are reviewed for possible amendment to reflect the cost of constructing infrastructure within the City. Impact fees assist the City in paying for the infrastructure needed by development rather than being subsidized by'ratepayers. Current fees are $2,910 for water and $1,059 for wastewater per LUE. Over the last 18 months, the land use projections and the Water and Wastewater Master Plans have been reviewed and updated, and maximum potential impact fees have been calculated. Mr. Clark gave the following report. BACKGROUND • Impact Fee process is defined in Chapter 395 of the Local Government Code - Impact Fee intended to mitigate capital costs associated with growth and development, "Helps growth to pay for itse/f" • Process (began 19-months ago) - Council appointed Capital Improvements Advisory Committee Spring 2003 • • Planning and Zoning Commission, 2-at large members, 1-non voting member representing the HBA of Greater Austin • Committee met 4-times in July and August to review: - Land Use Projections (updated by Staff) - Water Master Plan and CIP (updated by HDR Engineering) - Wastewater Master Plan CIP (updated by CDM Engineering) - Fee Calculation report (prepared by HDR Engineering) Committee recommended adopting Maximum Fee included in Council Packet Staff met with HBA to share information and answer questions .i it OCTOBER 14,2004 LAND USE PROJECTIONS • Land use assumption defined service area (City ETJ) and projected growth rate • The current 2004 water service area population is estimated at 96,093 persons. • A projected water service area population by the end of 2013 of 145,260 persons is anticipated, reflecting an anticipated 10-year growth of about 51%. WATER AND WASTEWATER MASTER PLANS - FUTURE FACILITIES • Water - Supply/Treatment - $62,033,507 - Storage and Pumping Facilities - $14,665,322 • - Transmission - $32,858,215 • Wastewater - Treatment - $32,651,020 - Pumping - $133,690 - Interceptors - $28,090,510 FEE CALCULATION AND CREDITS • Calculate cost of existing and new capacity per Living Unit Equivalent (LUE). • Determine amount of capital being funded through rates per LUE. • The rate credit calculation considered: - existing capital obligation to wholesale providers, - existing debt - future debt payments incurred in the year in which the facilities would be built and financed, and - the projected LUES at the mid-point year of 2008 Weighted Capacity Cost per LUE - Rate Credit per LUE = Maximum Impact Fee per LUE • Additional Credits to Developers - If developer funds City oversizing, then the method and timing of payment shall be determined in a separate developer agreement - If developer cost-participates in construction of a listed CIP item for his own • needs, the developer's lots receives a credit against full payment of the fee MAXIMUM FEE • Maximum Fee for Water = $4,296 • Maximum Fee for Wastewater = $1,306 • Total Maximum Fee = $5,602 COMPARISON TO:LOCAL MUNICIPALITIES City Water Wastewater Total • Austin - N.E. Preferred Development Zone $ 700 $ 400 $1,100 - Western city $1,500 $1,200 $2,700 • Pflugerville $2,491 $1,362 $3,853 • Round Rock (current) $2,910 $1,059 $3,969 • Georgetown $2,295 $1,869 $4,164 • Buda $2,721 $1,514 $4,234 • Cedar Park $2,250 $2,000 $4,250 • Leander $2,850 $1,550 $4,400 • San Marcos $2,466 $2,185 $4,651 • Jonah SUD (wateronly) $4,125 n.a. -- • Round Rock (maximum potential),,,,,; $4,296 $1,306 $5,602 • Chisholm Trail SUD (water only) $4,600 n.a. • PROJECTED UTILITY REVENUE ADJUSTMENTS COMBINED WATER & WASTEWATER Year No Impact Fee Change Max Fee Adopted 2004 3.0% 3.0% 2005 3.0% 3.0% 2006 7.1% 5.90/0 2007 7.7% 6.1% 2008 9.00/0 8.2% 2009 9.6% 8.8% 2010 4.8% 4.8% 2011 0.0% 0.0% 2012 0.0% 0.00/0 2013 1.5% 1.5% 12 6 OCTOBER 14, 20044 IMPLEMENTATION • If adopted, would be effective January 1, 2005 • Fee Collected on platted development recorded after January 1, 2005 - Collected at time of building permit. - or at time of meter purchase. CONCLUSION • Capital Improvements Advisory Committee and Staff Recommends adopting Maximum Fee of $4,296 for Water and $1,306 for Wastewater because of the following: — Rounds Rock anticipates a projected water service area population of 145,260 persons by end of 2013 • — Projects listed in the CIP must be built to keep up with demand and development — Impact Fee Rates are designed to mitigate capital costs associated with growth and development, "Helps growth to pay for itself" — Maximum Fee will ease impact on additional future planned rate increases Mayor Maxwell opened the public hearing. Harry Savio, Vice President of the Home Builders Association (HBA) provided a letter and information to the Council that challenged the proposed impact fees. The information contained a report from a consultant retained by the HBA to review the impact fee report prepared by HDR Engineering for the City. There being no further public testimony, the public hearing was closed. 10.8..1. Consider public testimony regarding an application filed by Joyce Pounds Hardy-McDonald Management Trust to rezone 0.154 acres of land from District SF-2 (Single Family-Standard .Lot) to District OF (Office). (107 Fannin Avenue) Jim Stendebach, Planning Director made the staff presentation. The subject tract is in one of the City's oldest residential neighborhoods. The applicant is requesting a zoning change from District ct SF-2 • (single Family-Standard Lot) to District OF (Office). Mayor Maxwell opened the public hearing. Mike Hardy, owner of the tract, asked the Council to withdraw his request for rezoning. There being no further testimony, the public,hearing was closed. 10.B.2. Consider public testimony regarding an application filed by the Apostolic Church USA to amend the Land Use Plan of the Meadows at Chandler Creek for a total of 8.246 acres of land from a single-family designation to a commercial and medium-intensity public facilities designation. Jim Stendebach, Planning Director made the staff presentation. The City Council approved the Consent Agreement creating the Meadows at Chandler Creek Municipal Utility District (MUD) in May 1984. The Consent Agreement required that a Land Use Plan be developed for the MUD. This Plan was approved by the City Council in January • 1992. The amendment to the Land Use Plan requested by the Apostolic Church was originally presented to the Planning and Zoning Commission on July 7, 2004.. At this meeting, the Commission asked the applicant to postpone the request and meet with the surrounding neighborhood to address their concerns. After making some adjustments to the proposed land use plan with the assistance of City Staff, representatives from the Church met with the Meadows of Chandler Creek neighborhood association on Thursday 127 OCTOBER 14, 2004 evening, September 9, to discuss the proposed development. On September 15, 2004, the Planning and Zoning Commission rendered a favorable recommendation to amend the Meadows at Chandler Creek Land Use Plan as proposed. Although the subject property is located outside the City Limits in the Meadows of Chandler Creek Municipal Utility District (MUD), the Consent Agreement that created the MUD requires City Council approval for any • changes to the MUD's Land Use Plan. The Board of Directors of the MUD has reviewed the proposed amendment to the Land Use Plan and has no objection to the changes proposed by the Apostolic Church. The original Land Use Plan designates the subject property as single-family residential. However, both Bowman Road and FM 1460 are now arterial roads, with FM 1460 currently being upgraded to accommodate additional traffic from growth in northeast Round Rock. Given these changing conditions, retaining this intersection for single-family residential use is no longer appropriate. The proposed amendment, on the other hand, allows the property to be developed in a manner more suitable for the intersection of two arterials without being detrimental to the neighboring residences. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: • The following items were considered routine by the City Council and were enacted by one motion. Item 12.A. was withdrawn from the agenda at the request of staff. *12.A. Consider approval of the City Council minutes for August 18-19, 2004; September 7, 2004; September 9, 2004; and September 23, 2004. This item was withdrawn from the agenda at the request of staff. *13.C.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.002 acre parcel of land, and a 0.019 acre parcel of land for the proposed Sam Bass Road Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 7, 7 SWE) (First Reading) *13.C.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.013 acre parcel of land for the proposed Sam Bass Road Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 9) (First Reading) *13.C.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.004 acre parcel of land for the proposed Sam Bass Road Improvements Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 2) (First Reading) *13.C.4. Consider an ordinance determining the public necessity for the-acquisition of a fee simple interest in a 0.303 acre parcel of land for the proposed Red Bud Lane, Phase 2 � OCTOBER 14, 2004 III (CR 122) Improvements Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 7) (First Reading) *13.C.5. Consider an ordinance determining the Dublic necessity for the acquisition of a fee simple interest in a 0.067 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvements Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 14) (First Reading) • 14.A.1. Consider a resolution authorizing the closing of streets on October 23, 2004 for the Cactus Ranch Elementary School Annual Fun Run. *14.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No 1 to the Agreement for Engineering Services with HDR Engineering Inc for the final design of Red Bud Lane from US 79 to CR 123. *14.G.1. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with Bluebonnet Trails CMHMRC. *14.G.2. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Community Action, Inc. *14.G.3. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with For the Love of Christi. *14.G.4. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with LifeSte s. • *14.G.5. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with LifeWorks. *14.G.6. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Literacy Council of Williamson County. *14.G.7. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with Ride on Center for Kids. *14.G.8. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with Round Rock Area Serving Center. *14.G.9. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Health Clinic. *14.G.10. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Volunteer Center. • *14.G.11. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the ARC of the Capital Area. *14.G.12. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson-Burnet County Opportunities. *14.G.13. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County and Cities Health District. 129 OCTOBER 14,.2004 *14.G.14. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County Children's Advocacy Center. *14.G.15. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County Crisis Center. *14.G.16. Consider a resolution authorizing the Mayor to execute a Social Service • Agency Annual Funding Agreement with YMCA of Greater Williamson County. MOTION: Councilmember Rhode moved to approve all the remaining items listed in the consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinances for items 13C1 through 13C5 with the unanimous consent of all the Councilmembers present and to adopt the ordinances. Councilmember Knight seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for August 18-19, 2004; September 7, 2004; September 9, 2004; and September 23, 2004. This item was withdrawn from the agenda at the request of staff. ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 10, Section 10.204, Code of Ordinances, amending the Water and Wastewater Impact Fees, and Adopting New Land Use Assumptions and Capital Improvements Plan. (First Reading)"Tom Clark made the staff • presentation for this item during the public hearing. Staff recommended adoption of the fees as presented. If adopted, the.fees would be effective January 1, 2005. The fees will be assessed at the time of plat re--Prdation of a subdivision or approval of a plat and be collected at the time of building permit issuance or at the time of meter purchase. Mr. Clark added that Mr. Savio had provided staff with a copy of his concerns and questions for response, Tony Bagwell of HDR Engineering responded to Mr. Savio's concerns and questions as follows. 13 .0 OCTOBER 14, 2004 Issue #1 - "Pre-paid Inflation" • Home Builder's.Association (HBA) says that including inflation in the future capital costs forces near-term new customers to pre-pay inflation for projects in the future. • HBA suggests the fee be changed every year to reflect inflation. • Chapter 395 does not specify how projects are to be costed, nor does it require changing the fee every year to reflect inflation._ • In focusing on the "future" aspects of this, the HBA has ignored the fact that the HDR • fee calculation includes existing facilities (with excess capacity) only at their original cost. • If the HBA's "forward-looking" notion concerning prepaid inflation were to be implemented, then to be fair, the City should also charge "catch-up" interest costs to new customers for their use of'existing City facilities. Issue #2 - Misc. Pipeline Costs • HBA implies that Chapter 395 precludes the inclusion of miscellaneous water transmission and wastewater interceptor pipelines costs. • Chapter 395 does not say that. It simply says that an impact fee does not include lot or acreage fees for purposes of reimbursing a development for privately funded improvements, i.e. a subsequent user fee is not an impact fee. • A subsequent user fee is cumbersome to implement and administer and burdensome to the Developer. • Miscellaneous pipeline costs were included by HDR in the impact fee CIP to give the City and Developers the flexibility to access impact fee revenue to expeditiously proceed with City funding of unforeseen projects and not require the developer to carry all of the load. • If the miscellaneous pipeline costs are excluded, then the estimated capacity of the • pipeline system will also be reduced, thus having only a small effect on the pipeline cost per LUE included in the fee amount: Issue #3 - Weighted Average Costs • HBA states that the HDR's "weighting" of costs between existing and new water supply facilities is improper. • A pump station upgrade and piping improvements are needed to make full use of the Stillhouse water. • The HBA narrowly and improperly calculates the unit costs of these two improvements as though these facilities alone provide for the additional supply. • However, the HBA approach improperly excludes the significant costs of the existing Stillhouse system in the overall cost of making this incremental supply available. • The correct approach, used in the HDR report, is to sum all of the costs of the existing and new Stillhouse water supply facilities and divide by the full Stillhouse capacity. Issue #4 - Rate Credit Calculation • HBA states that the HDR's calculation of a rate credit over a 10-year period does not comply with Chapter 395 language and should include future rate contributions over the entire bond life. • • Chapter 395 states that a rate credit will consider"...utility service revenues generated by new service units during the program period, including the payment of debt, that are included in the capital improvements plan." • The only program period referenced in Chapter 395 related to new service units is the mandated 10-year planning period that HDR used. • While not required, if a greater number of years were to be included in the rate credit calculation, then the numerator of that equation (debt service paid with rate revenue) would increase, but the denominator (number of rate-paying LUEs) would also increase to the reflective of a later year, thus resulting in only a small change in the rate credit calculation. OCTOBER 14,2004 • HBA also says the amount of debt financing the City is facing should imply a large rate credit. • Chapter 395 explicitly allows for the use of impact fee revenue to pay for debt service for eligible facilities. • By using impact fees in this manner, the City is able to moderate the debt service funding from rate revenues, thus resulting gin a smaller rate credit calculation. In regard to the impact fees, the'Council discussed the following: • • The phasing in of rates - positive vs. negative • How water will be the most important issue in the future • How Round Rock has always stayed ahead of growth • The importance of remembering that new growth is paying for itself • Advantages Round Rock would have over other cities as far as development because Round Rock will have land that has the infrastructure in place and is ready to plat ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE WATER AND WASTEWATER IMPACT FEES, AND ADOPTING NEW LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Nielson seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance rezoning 0.154 acres of land from District SF-2 (Single Family-Standard Lot) to District OF (Office). (107 Fannin Avenue) (First Reading) This item was withdrawn from the agenda at the request of the applicant. *13.C.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.002 acre parcel of land, and a 0.019 acre parcel of land for the proposed Sam Bass Road Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 7, 1, SWE) (First Reading) This • item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.002 ACRES AND EASEMENT ACQUISITION OF APPROXIMATELY 0.019 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE SAM BASS ROAD IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE .THE ,NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 132 OCTOBER 14, 2004 *13.C.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.013 acre parcel of land for the proposed Sam Bass Road Improvement Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 9) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.013 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE SAM BASS ROAD IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION,OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN . TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *13.C.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.004 acre parcel of land for the proposed Sam Bass Road Improvements Project, and if necessary, authorizing the City Attorney'to initiate eminent domain proceedings. (Parcel 2) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.004 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY • TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE SAM BASS ROAD IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND. PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY, AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *13.C.4. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.303 acre parcel of land for the proposed Red Bud Lane, Phase III (CR 122) Improvements Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 7) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE.OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR-THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.303 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND. MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE, PHASE III (CR 122) ROAD IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING • THE CITY ATTORNEY TO, FILE PROCEEDINGS- IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. ' *13.C.5. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.067 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvements Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel '14) (First Reading,) This item was approved under the consent agenda. 13 OCTOBER 14, 2004 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.067 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. • 13.D.1. Consider an ordinance amending the 2003-2004 Operating Budget (Second Reading) Cindy Demers, Finance Director made the staff presentation. This budget amendment allocates available cash from this fiscal year to specified capital purchases. The available funds are provided primarily by delayed implementation of budgeted programs and one-time revenue sources. These amendments designate additional funds collected in FY 2004. The FY 2004-2005 Capital Requests Funded are as follows: Enhance City's Website $85,000 Network Security Audit 25,000 Mid-size server 20,000 Carpet replacement for Library 12,000 Horizon Module 9,200 Library Drainage Repair 6,000 Dump Truck 85,000 Small Engine Expansion 30,000 Heavy Equipment List 23,000 Total $295,200 • Budget Revision #2 - Fiscal Year 2003-2004 is as follows: 2003-04 2003-04 Revised Revised General Fund Budget #1 Budget #2 Variance Revenues $ 57,403,737 $ 60,340,507 $ 2,936,770 Expenditures : t; (57,399,0431 (60,335,8131 ; r (2,936,770) Total Change in Fund Balance 4,694 4,694 ( 01 Utility Fund Revenues $ 24,483,700 $ 24,483,700 $ 0 Operating Expenditures (24,483,700) (24,483,700) 0 Change in Working Capital 0 0 0 ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2003-2004. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.2. Consider an ordinance approving and adopting a budget for the Municipal Court Fund for Fiscal Year 2004-2005. (Second Reading) Cindy Demers, Finance Director made the staff presentation. This fund is divided into three sections, Child Safety fees, 134 OCTOBER 14, 2004 Court Security fees, and Court Technology fees. These funds will create safer school zones for student pedestrians, support upgrades in Municipal Court Technology, and strengthen security during court sessions. All of the fees are collected on conviction of certain Municipal Court offenses with expenditures that are defined by statute. Adoption of the annual budget allows staff to implement plans for enhancing the safety of children, technology of processing cases, and creating a security plan for the courtroom. • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Councilmember Coe moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.3. Consider an ordinance approving and adopting a budget for the Law Enforcement Fund for Fiscal Year 2004-2005. (Second Reading) Rick White, Management Analyst for the Police Department made the staff presentation. This fund was established • for the asset forfeiture program created by the federal government and later adopted by individual states. It is a tool to seize assets obtained as a result of criminal activity. This program targets property, monies, and holdings gained, through the commission of state or federal felonies or used in the commission of those felonies. The City participates in sharing programs with the U.S. Drug Enforcement Agency, the Federal Bureau of Investigation, and the U.S. Treasury Department. The state program is based on a written agreement with the District Attorney's office; as a result of this agreement, the City receives (a) all seized vehicles valued at $1,000 or more, (b) 50 percent of cash after the first $500, and (c) 50 percent of proceeds from the sale of seized property after the first $5,000. This is a routine, annual budget. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND • FOR THE 2004-2005 FISCAL YEAR. MOTION: Councilmember Knight moved.:to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None {N OCTOBER 14, 2004 ACTION: The motion carried-unanimously. , - 13.D.4. Consider an ordinance approving and adopting a budget for the Library Fund for Fiscal Year 2004-2005. (Second Reading) Cindy Demers, Finance Director made the staff presentation. This was an agency fund, which has been converted to a special revenue fund. This fund accepts donations by patrons of the library for various book and videos to be purchased and housed in the Library. Donations from library patrons are used to purchase various library materials. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.5. Consider an ordinance approving and adopting a budget for the Park • Development Fund for the 2004-2005 fiscal year. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. This fund was established to serve as a depository for donations of fees, which are earmarked for specific projects. Funds are obtained through,-donations, developer contributions, sport facility capital improvement fees and Interest Income. This fund will allow the Parks and Recreation staff to make capital improvements with funds other than tax dollars or bond monies. Funding will be used to repair damaged playground equipment. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARK DEVELOPMENT FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.D.6. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for the 2004-2005 fiscal year. (First Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. Harriet Sproul[ donated $100,000.00 to be r 13 , OCTOBER 14, 2004 used for the development/maintenance of Round Rock Memorial Park with the stipulation that the principal never be spent. This was done in memory of her husband, Ron SproulL These resources have helped provide additional maintenance services during high periods. Funding will be used to repair damaged playground equipment. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL . FUND FOR THE 2004-2005 FISCAL YEAR. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *14.A.1. Consider a resolution authorizing the closing of streets on October 23, 2004 for the Cactus Ranch Elementary School Annual Fun Run. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, Cactus Ranch Elementary School has requested that Behrens Parkway from Wyoming Springs Drive to Masters Drive, Masters Drive, and Golden Oak Circle from Behrens Parkway to Salorn Drive be closed from 8:30 o'clock a.m. until 11:30 o'clock a.m. on October 23, 2004 for the Cactus Ranch Elementary School Annual Fun Run, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the streets along the run route be closed as set,forth above. The City Council hereby finds and declares that. written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. 14.B.1. Consider a resolution authorizing the Mayor to execute an Agreement and Development Plan for Lot 1, Block A, Meadows at Chandler Creek, Section 25 with the Apostolic Church. Jim Stendebach,. Planning Director made the staff presentation for this item during the public'hearing. RESOLUTION NO. • WHEREAS, the City of Round Rock, ("City") has previously entered into an Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal Utility District. ("Agreement") dated May 10, 1984 whereby the City consented to the creation of the District, and WHEREAS, the Agreement provides that the City must approve any changes to Land Use Designations within the District, and WHEREAS, the Apostolic Church, the owner of property within the District has submitted a proposed amended Land Use Plan to the City for its review and approval, and WHEREAS, the District has consented to the proposed amended Land Use Plan as submitted by the Apostolic Church, and—: WHEREAS, the City's Planning and Zoning Commission has reviewed the Land Use Plan and has recommended its approval, and 137 OCTOBER 14, 2004 WHEREAS, the City and the-Apostolic Church desire to enter into an Agreement and Development Plan for Lot 1, Block A, Meadows at Chandler Creek, Section 25, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement and Development Plan for Lot 1, Block A, Meadows at Chandler Creek, Section 25, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with HDR Engineering, Inc., a copy of.same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby fi,nds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. 14.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Professional Consulting Services with Kerry Tate Communications, Inc. dba TateAustin for the Round Rock Convention and Visitors Bureau marketing and public relations program. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. On December 18, 2003, the City Council adopted the Tourism plan presented by Destination 133 OCTOBER 14, 2004 Development as a guide for Round Rock's tourism efforts. In the adopted plan, Destination Development recommended that the City begin a professional, progressive branding campaign. This was accomplished the first year through a contract with TateAustin who was very successful in laying the foundation; which was mostly targeted at our internal audience. The scope of work for the second year in this contract is focused on continued brand building, sales and our external. target audience. The cost of the agreement is • $150,000.00. Ms. Yawn gave an overview of the following. Year-One Review: • Budget: $289,500 • Timeframe: 41/2 Months • Deliverables: 17 • Events &Activities: 3 • Result: A Sustainable Brand for the Sports Capital of Texas Deliverables: • Brand Positioning and Message Platform • Sports Capital of Texas Web Site • Marketing Collateral • The Program (Lodging/Dining/Facilities/Activities) • Sales Brochure • Multi-purpose Presentation Folder • Photo Library • Tradeshow Booth (with LCD Display) • Shell Advertisement (2) • Direct Mail Piece • Research Study • Game On Hollywood Sign • Game On 8/13/04 Window Stickers • • Sports Capital of Texas Bumper Stickers 8/13/04 Advertisements and Placement Game On Video Mayor's Sports Capital of Texas Launch Video • Identity System (Letterhead, Business Cards, etc.) Year-Two Preview: • Goal: Bring More Sporting Events and their Athletes to Round Rock • Contribute to the Sales & Hotel Occupancy Tax Base • More Money for Community Amenities • Take the Message Statewide; Maintain Momentum Locally • Focused External Activities • •PR, Advertising, Direct, Sales • Tournament and Meeting Planners • Statewide Media • The Chair Phenomenon • Internal & External Activities Year-Two Activities: • Single=Panel Rack Brochure • Two Advertising Campaigns • Three Direct Mail Campaigns • Two Tradeshow Campaigns • Statewide Media Effort • Local Community Awareness RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional consulting services for the Round Rock Convention and Visitors Bureau marketing and public relations program, and WHEREAS, Kerry Tate Communications, Inc. dba TateAustin has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires toenter into said Agreement with Kerry Tate Communications, Inc. dba TateAustin; Now Therefore . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services with Kerry Tate Communications, Inc. dba TateAustin, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 13 9 OCTOBER 14, 2004 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.D.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Frank Correa, and wife Maria Pena Correa for the purchase of property located at 209 and 211 S. Brown Street. Jim Nuse, City Manager made the staff presentation. In order to have direct access to the new City Hall Building, the elevation of Brown Street at Florence must be raised approximately eight feet (8'). With the intersection raised the homes on the Correa property will be inaccessible, therefore staff recommended the purchase of these lots. The cost of the contract is $285,000.00. 1,'•7j RESOLUTION NO. WHEREAS, the City desires to purchase two tracts of land known as Tract (1), Block 2, south one-half of Lots 8, 9 and 10, Original Plat of the City of Round Rock, Williamson County, Texas, also known as 211 S. Brown Street, and Tract (2), Block 2, north one-half of Lots 8, 9, and 10, Original Plat of the City of Round Rock, Williamson County, Texas, also known as 209 S. Brown Street, and WHEREAS, Frank Correa and wife, Maria Pena Correa, the owners of the property, have agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Frank Correa and,wife, Maria Pena Correa, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting3at which this Resolution was;adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. 140 OCTOBER 14, 2004 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.D.3. Consider a resolution calling the December 18 2004 Special Election to fill the vacancy of City Council Place 3. This resolution will call the City of Round Rock Special Election on December 18, 2004 to fill the vacancy of City Council Place 3. Article 11, Section 11 of the Texas Constitution, not the Texas Election Code, stipulates the dates for elections to fill vacancies for home-rule cities with terms of office exceeding two years. It provides that elections must be held within 120 days of a vacancy occurring. Councilmember Pitt's resignation was effective September 1, 2004. The first day applications for a place on the ballot can be accepted is October 15, 2004. The deadline for accepting applications for a place on the ballot is 5:00 p.m. October 29, 2004. Early voting will be held at the following early voting locations, dates and times: Robert G. & Helen Griffith Public Library RRISD Administration Building United Heritage Conference Center Clay Madsen Recreation Center December 1 - December 3, 2004 (Weekdays) 8:00 a.m. - 5:00 p.m. • December 4, 2004 (Saturday) 8:00 a.m. - 12:00 noon December 6 - December 10, 2004 (Weekdays) 8:00 a.m. - 5:00 p.m. December 11, 2004 (Saturday) 8:00 a.m. - 12:00 noon December 13 - December 14, 2004 (Weekdays) 8:00 a.m. -7:00 p.m. Polls will be open on Election Day (December 18, 2004) from 7:00 a.m. to 7:00 p.m. at the following locations. Caldwell Heights Elementary Stony Point High School Forest Creek Elementary Gattis Elementary First Baptist Church Round Rock High School Bluebonnet Elementary Old'Town Elementary RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND. ROCK, TEXAS, CALLING A SPECIAL ELECTION FOR DECEMBER 18, 2004 FOR THE PURPOSE OF FILLING A VACANCY FOR COUNCILMEMBER PLACE THREE; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR` PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. STATE OF TEXAS § • COUNTIES OF TRAVIS § KNOW ALL BY THESE PRESENTS: AND WILLIAMSON § CITY OF ROUND ROCK § WHEREAS, pursuant to the provisions-sof the Texas Election Code (as amended), other related statutes, and its Home Rule Charter Section 3.06(c), the City Council of the City of Round Rock, Texas, is authorized to call a special election to fill a vacancy in order to submit to the voters of the City a ballot for the election of Councilmember Place Three; and WHEREAS, the City Council deems it advisable to call such special election to fill a vacancy, and the City Council wishes to order such.special election on Saturday, December 18, 2004 for the purpose of electing Councilmember Place Three; and WHEREAS, the.City Council has determined that Saturday, December 18, 2004 is the appropriate date for holding the election to elect Councilmember Place Three, and that such date allows sufficient time to comply with requirements of law; and u 7 141 OCTOBER 14, 2004 WHEREAS, the City Council wishes to encourage all registered voters in the city to vote in this election; and WHEREAS, it has been determined that Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School,-'Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School would be easily accessible to voters in the City of Round Rock on election day; and WHEREAS, it has been further determined that early voting places will be at Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center; and WHEREAS, it is hereby officially found and determined that the written public notice • of the date, hour, place, purpose and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 of the Texas Government Code (as amended); Now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND .ROCK, TEXAS, THAT: Section 1. ELECTION DATE, PRECINCTS AND POLLING PLACES, AND ELECTION JUDGES. Election Date. A special election to fill a vacancy for Councilmember Place Three shall be held in the City of Round Rock as prescribed by applicable law between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, December 18, 2004, in accordance with the attached Order of Election. Precincts and Polling Places. The City hereby designates the election precincts and polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election day voting. Further, the City hereby designates the early voting polling places and the temporary polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for early voting in such election. The City election precincts and polling places within the City designated for holding the election are identified in the attached Order of Election, and such attachment it is incorporated herein by reference for all purposes. The City hereby designates the following as the official election day polling places: Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist • Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School. The City hereby designates the following as the official early voting polling places for the December 18, 2004 election: Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center. Election Judges. The Williamson County Elections Administrator is conducting such special election for the City pursuant to the terms of an Election Services Contract. The City Council hereby appoints, for the term of such single election, the presiding election judge(s) and alternate election judge(s) as being those designated by the Williamson County Elections Administrator. Section 2. ELECTION CLERKS. The presiding election judge is hereby authorized to appoint the number of election clerks necessary to assist in the proper conduct of the election, and such election clerks shall be qualified voters of the City of Round Rock, Texas. If the election is conducted by the regularly-appointed presiding election judge, then the alternate presiding election judge shall 'be appointed to serve as one of the clerks. The appointment of such clerks shall include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. Section 3. EARLY VOTING. Early Voting Clerk. The City Council hereby appoints the Williamson County Elections Administrator as the Early Voting Clerk. The Early Voting Clerk's mailing address to which ballot applications and ballots to be voted by mail may be sent is as follows: John Willingham, Williamson County Elections Administrator Post Office Box 209 Georgetown, TX 78626 • Applications for ballots by mail must be received not later than 5:00 p.m. on Friday December 10, 2004. Dates for Early Voting. Early voting shall commence on Wednesday December 1, 2004 (17th day before the election) and continue through Tuesday December 14, 2004 (4th day before the election), as provided by the Texas Election Code and as shown on the attached `Precincts and Polling Places and Times for Election Day Voting and Early Voting." Places for Early Voting_ Early voting shall be conducted by personal appearance and by mail at the following early voting polling places: Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center. Times for Early Voting. During the period in which early voting is required or permitted by law, that being December 1, 2004 through December 14, 2004, the hours designated for early voting by personal appearance shall be as follows, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court: 142 OCTOBER 14, 2004 December 1 - December 3, 2004 (Weekdays) 8:00 am - 5:00 pm December 4, 2004 (Saturday) 8:00 am - 12:00 noon December 6 - December 10, 2004 (Weekdays) 8:00 am - 5:00 pm December 11, 2004 (Saturday) 8:00 am - 12 noon December 13 - December 14, 2004 (Weekdays) 8:00 am - 7:00 pm Section 4. EARLY VOTING BALLOT BOARD. An Early Voting Ballot Board, is hereby created to process early voting results, and the City hereby appoints the presiding judge of the Early Voting Ballot Board as appointed by John Willingham, Williamson County.Elections Administrator. Such presiding judge shall appoint not less than two (2) other qualified members to serve on such Board. Section 5. CUSTODIAN OF ELECTION RECORDS. • Pursuant to the Election Code .and the applicable Election Services Contract, John Willingham shall be appointed as Custodian of Election Records. Section 6. CANDIDATES FILING.PERIOD. In accordance with '201.054(c) of the Election Code, the filing deadline for filing an application for a place on the ballot for this special election to fill a vacancy is hereby declared to be 5:00 pm Friday, October 29, 2004. Section 7. VOTERS. All resident, qualified voters of the City of Round Rock, Texas shall be entitled to vote at the election. Section 8. NOTICE. Posting. Notice of this special election to fill a vacancy, including a Spanish translation hereof, shall be given by posting the appropriate documentation on the bulletin board used for posting notices of City Council meetings, and same shall be posted not later than the twenty-first (21St) day before the date of the election and shall remain posted through election day. Publication. Notice of this special election to fill a vacancy, including a Spanish translation hereof, shall be published once in a newspaper of general circulation in the City, the publication to appear not more than thirty (30) days and not less than ten (10) days prior to the date of the election. Authorization to City Secretary. The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law. Section 9. VOTING DEVICES. Electronic voting systems and corresponding voting devices and equipment may be used in conducting the election. The Williamson County Elections Administrator may also • utilize a central counting station as provided by Texas Election Code § 127.000 et seq., as amended. Section 10. CONDUCT ACCORDING TO STATUTES. In all substantive respects, the election shall be conducted in accordance with applicable provisions of the Texas Election Code, any other applicable statutes, and the City of Round Rock's Home Rule Charter.' , . Section 11. ELECTION RESULTS. The Williamson County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on December 18, 2004. The official canvass, tabulation and declaration of the results of the special election shall be conducted by the City Council at a regular or special council meeting held in accordance with provisions of the Texas Election Code. Section 12. MISCELLANEOUS. The provisions of this Resolution are severable; and in case any one or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional; or ineffective as to any person or circumstance, then the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. The City Council hereby finds,and: declares that written notice of the date, hour, place and subject of the meeting at„which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all in accordance with and as required by the Open Meetings Act, Chapter 551, Texas • Government Code, as amended. RESOLVED on this the 14th day of October, 2004. Nyle Maxwell, Mayor City of Round Rock, Texas ATTEST: Christine R. Martinez, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded.the motion. VOTE: Ayes: Councilmember Nielson 14 :3 OCTOBER 14, 2004 Mayor Pro-tem McGraw Council member,Knight Councilmember`Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.D.4. Consider a resolution authorizing the Mayor to execute an Election Services • Contract with Williamson County for the December 18, 2004 Special Election. The City has contracted with the Williamson County Elections Administrator for several years to conduct the City's elections. This agreement outlines the responsibilities of the Election Administrator and the City for the Special Election on December 18, 2004. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to conduct the December 18, 2004 special election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract ("Contract"), and WHEREAS, the City Council desires to enter into said Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Election Services Contract with the Williamson County Elections Administrator to conduct the December 18, 2004 special election, a copy of said Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously, • 14.E.1. Consider a resolution authorizing the Mayor to execute a contract with Muniz Concrete & Contracting, Inc. for the construction of the Sidewalk Gap Remediation . (2001 G.O. Bond) Project. Tom Word, Chief of Public Works Operations made the staff presentation. This project will build approximately 4,100 Lf. of sidewalks in various area throughout the City, filling several gaps in pedestrian routes that have some, but not all of the necessary sidewalks. These sidewalks will be built along Enterprise Drive, Texas Avenue, Greenhill Drive, Lake Creek Drive, Round Rock West Drive, Oakridge Drive, Lime 144 OCTOBER 14, 2004 Rock Drive, Logan Street, Greenlawn Boulevard and a portion of sidewalk that will connect McNeil Road sidewalks to the walking trail in the greenbelt. This will complete portions of the Overall Citywide Sidewalk Plan. On,September 28, 2004 two (2) bids were received for the Sidewalk Gap Remediation project. The low bid of$152,360.00 was submitted by Muniz Concrete & Contracting, Inc. Based upon the review of the bids, staff recommended award of the bid to Muniz Concrete & Contracting, Inc. The cost of the contract is $152,360.00. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Sidewalk Gap Remediation (2001 G.O. Bond) Project, and WHEREAS, Muniz Concrete & Contracting, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Muniz Concrete & Contracting, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Muniz Concrete & Contracting, Inc. for the Sidewalk Gap Remediation (2001 G.O. Bond) Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open .to the public as required by law, at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act; Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: • CHRISTINE R. MARTINEZ, City Secretary` MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor:Maxwell Nays: None ACTION: The motion carried unanimously. 14.E.2. Consider a resolution authorizing the Mayor to execute a Development Agreement with the Bishop of the Diocese of Austin (on'behalf of the St. John Vianney parish) for improvements associated with Lake Drive. Tom Word, Chief of Public Works Operations made the staff presentation. This development agreement requires that Lake Drive abutting the.St. John Vianney Church site be improved to City standards prior to the • issuance any permits on the site. The Church agreed to upgrade both Applegate Drive and Lake Drives as a condition of annexation. Applegate Drive was improved with the first phase of the site plan. The first phase did not add any additional drives or demand onto Lake Drive thus staff recommended postponing the upgrade,of this roadway until the Church's next project. RESOLUTION NO. y � 14 .5 OCTOBER 14, 2004 WHEREAS, the Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and .His Successors in Office ("Diocese") is the owner`of a tract of land known as Lot 1, Block A, St. John Vianney Catholic Church Subdivision, a subdivision in Williamson County, Texas, and WHEREAS, the Diocese desires to improve a portion of Lake Drive abutting its property, and WHEREAS, the City of Round Rock agrees to maintain the improvements once constructed, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Development Agreement with the Most Reverend Gregory M. Aymond, Bishop of the Diocese of Austin, and His Successors in Office regarding Lake Drive, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizina the Mavor to execute a Contract for Engineering Services with Camp, Dresser & McKee. Inc. regarding an electric generator for three of the Water Treatment Plant's high service pumps. Tom Clark, Director of Utilities made the staff presentation. The scope of work under this contract requires some highly technical engineering analysis and sophisticated integration of the existing MCC for the High Service Pumps, the Chlorine Feed Facility and the Phase 3 &4 process structures. CDM recently completed the water plant expansion which was completed ahead of schedule and under budget and because of this and their expertise and familiarity with the existing WTP Facilities, staff is recommend!ng,,they be selected for this project. Services will include • geotechnical site investigation, site surveying, equipment review and in-depth electrical evaluation, coordination with the TCEQ including a Water Pollution Abatement Plan, construction plans, technical specifications, bid documents, bidding and construction administration services required during construction. Total project budget is $500,000.00 and project duration is 15 months. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services regarding an electric generator for three of the Water Treatment Plant's high service pumps, and 146 OCTOBER 14, 2004 WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Camp Dresser & McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Camp Dresser & McKee, Inc. regarding an electric generator for three of the Water Treatment Plant's high service pumps, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of June, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: Norte ACTION: The motion carried unanimously. • 14.F.2. Consider a resolution authorizing the City Manager to issue a purchase order to Baker Equipment for the purchase of a Pipeline Television Inspection System. Tom Clark, Director of Utilities made the staff presentation. State mandate requires the City to certify its wastewater collection system every 7-years to ensure wastewater is not leaking into the Edwards aquifer. The Pipeline Inspection System will be used to videotape pipelines as part of this program. Specifications were developed to ensure this equipment is compatible with existing television equipment so parts can be interchanged in the event of equipment failure so work can proceed while equipment is being repaired. The City Purchasing Department mailed four packets to prospective bidders and received two responses. One Vendor, Renfro Equipment withdrew its bid after demonstration showed it did not meet minimum specifications. The cost of the purchase order is $218,933.50. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") desires to purchase a Pipeline Television Inspection System for the Water & Wastewater Utility Department, and WHEREAS, the lowest bid did not meet minimum 'specifications, and Baker Equipment has submitted the next lowest responsible bid, and WHEREAS, the City Council wishes to 'accept the bid of Baker Equipment, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Baker Equipment is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to Baker Equipment for the purchase of a Pipeline Television Inspection System. The City Council hereby finds and- declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this y 1 .4 .7 OCTOBER 14, 2004 Resolution and the subject matter.hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.G.1. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Bluebonnet Trails CMHMRC. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and • WHEREAS, the City of Round Rock has received a request for funds from Bluebonnet Trails CMHMRC, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide public mental health services to adults with serious and persistent mental illness and/or serious emotional disturbances, and WHEREAS, the.City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore ,w BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.2. Consider a resolution authorizing the Mayor to execute a Social Service- Agency Annual Funding Agreement with Community Action, Inc. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Community Action, Inc., a non-profit corporation("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide assistance for elderly homemakers, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. 148 OCTOBER 14, 2004 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that . such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings'Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.3. Consider a. resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with For the Love of Christi This item was approved is under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from For the Love of Christi, a non-profit corporation''("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide grief support services, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS; That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of'the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.4. Consider a resolution authorizing the Mayor to execute a Social Service • Agency Annual Funding Agreement with LifeSteps. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for..funds from Lifesteps, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide youth prevention and intervention, and to provide outreach, screening and referral services, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency,;Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement. with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and,subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open ,Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.5. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with LifeWorks. This item was approved under the consent agenda. RESOLUTION NO. .a. 149 OCTOBER 14, 2004 WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund-valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Lifeworks, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide counseling, education, and support to youth, individuals, and families, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.6. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Literacy Council of Williamson County. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Literacy Council of Williamson County, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide the resources and the programs necessary for • individuals to achieve literacy, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.7. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Ride on Center for Kids. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social • service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Ride On Center for Kids, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide children with equine assisted activities, and related education programs, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during Which this 150 OCTOBER 14, 2004 Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.8. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Area.Serving Center. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Area Serving Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the.requested funds will be used for a public purpose, namely to provide for the immediate physical needs of low-income persons, the elderly, the disabled, children, and/or transients, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,.TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. ' The City Council hereby findg"and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.9. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Health Clinic. This item was approved • under the consent agenda. RESOLUTION NO. WHEREAS,_ the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Health Clinic, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide .medical evaluation, wellness and acute care and treatment for indigent and low-income residents, and, WHEREAS, the City Council desires to .enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and; directed to execute on behalf of the City a Social Service Agency Annual Funding, Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and.Inco rporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required. by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 14th day of October, 2004. *14.G.10. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Volunteer Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and y _ 151 4i OCTOBER 14, 2004 WHEREAS, the City of Round Rock has received a request for funds from Round Rock Volunteer Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used fora public purpose, namely to provide leadership, initiative, and support for volunteer efforts in the Round Rock community, and - WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said • agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.11. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the ARC of the Capital Area. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to.identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from the ARC of the Capital Area, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide basic needs, crisis assistance and support services for people with disabilities, their families, and their caregivers, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual • Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was;posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.12. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson-Burnet County Opportunities. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City 6f Round Rock has received a 'request for funds from • Williamson-Burnet County Opportunities, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide a senior nutrition and meal program, healthcare and meals for special needs adults, and comprehensive services including education, health, dental, and social services for children, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 152 OCTOBER 14, 2004 upon, all as required by the Open Meetings Act, Chapter 551; Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.13. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County and Cities Health District This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS,. the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round'Rock has received a request for funds from Williamson County and Cities Health District, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide and furnish. county-wide public health programs, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and_incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.14. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County Children's Advocacy Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Williamson County Children's Advocacy Center, a.cion-profit corporation ("Agency"), and WHEREAS, the City Council hereby,determines that the requested,funds will be used for a public purpose, namely to provideservices to child victims of abuse, and , WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, NoW.Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and.directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares .that written notice of the date, hour, place and subject of the meeting at'which;this Resolution was adopted was posted and that such meeting was open to the public as required' by law at all times during which this Resolution and the subject matter hereof were, discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter, 551, Texas Government Code, as amended. - RESOLVED this 14th day of October, 2004: • *14.G.15. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County Crisis Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Williamson County Crisis Center, a non-profit corporation ("Agency"), and 1 _.3 OCTOBER 14, 2004 WHEREAS, the City Council hereby determines,that the requested funds will be used for a public purpose, namely to provide comprehensive services to victims of family violence, sexual assault, and other violent crimes, and- WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. *14.G.16. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with YMCA of Greater Williamson County. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from YMCA of Greater Williamson County, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide a teen program, after-school activities for children in grades K through Fifth, summer day camp for children in grades K through Eighth, and child development center for children ages Two to Five, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual • Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached'hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of October, 2004. COUNCIL COMMENTS: Mayor Maxwell announced that the next Council meeting is. scheduled for Tuesday, October 26, 2004. The regular meeting was moved from Thursday to Tuesday so staff can attend the Texas Municipal League Annual Conference. ADJOURNMENT: There being no further business, the meeting adjourned at 9:25 p.m. Respectfu I ly;;Su bm itted, • Christine R. Martinez, City Secretary 1:-5 4 OCTOBER 26, 2004 The Round Rock City Council met in Work Session and Regular Session on Tuesday, October 26, 2004 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 5:45 P.M. ROLL CALL: Those membersresent were Mayor Nyle Maxwell Councilmember p y y Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Pro-tem Alan McGraw was absent. Also present were City Manager Jim Nuse • and Assistant City Attorney Charlie Crossfield. WORK SESSION: 3.A.1. Consider a presentation regarding the Design and Construction Standards Manual. Alysha Girard, Development Services Manager, gave an overview of the following regarding the Design and Construction Standards Manual. Background • The City has used a revised version of the City of Austin Design Criteria Manuals for Specifications in the past. • By using Austin's manuals as our model, the City: - creates more cohesive and consistent regional standards and specifications. - fosters a uniform development environment. Design Criteria Areas • Drainage • Utilities • Transportation • Standard • Specifications • Public Involvement • June 2, 2004 - Fisher Hagood Engineering - Baker-Aicklen &Associates - Randall Jones Engineering - Cunningham-Allen - Bury Partners - WHM Transportation Engineering • June 15, 2004 - Blake Magee - Centex Homes - Waterstone Development - Gehan Homes - DR Horton Homes - Lennar Home - Home Builder's Association Significant Changes - Change Drivers • Subdivision Ordinance Revisions • Observed Problems • Updated Information Significant Changes - Drainage Criteria Manual • • Comprehensive Grading Plan Ensure developed lots will properly drain. • Detain 2-Year and 10-Year Storm Minimize impact of smaller storms on adjacent properties. Significant Changes - Utilities Criteria Manual • Design Criteria Updated Water and wastewater demands updated per revised master plans. • Franchise Utility Management Process - Formalizes discussions regarding assignments and standards. Significant Changes - Transportation Criteria Manual • Pavement Design Criteria Enhanced Minimum sections made soil specific to address street deterioration. 15 OCTOBER 26, 2004 • Street Cross Sections Widened Widths increased`to accommodate`potential trails and street trees. Significant Changes - Standard Specifications • Changed Austin to Round Rock. • Adjusted specifications to meet current Round Rock practice. Ms. Girard noted that a draft of this document in on the City's website. She added that this is an ever-changing document that will be updated when necessary. Staff is • proposing to bring back the final document to the Council's meeting in December for adoption. There being no further business, the work session adjourned at 6:15 p.m. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the pledge of allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and Assistant City Attorney Charlie Crossfield. SPECIAL PRESENTATION: 7.A. Consider special presentation to former Councilmember Carrie Pitt in appreciation for her service to the City of Round Rock. Mayor Maxwell presented a plaque of appreciation for the service Ms. Pitt gave to the city as Planning and Zoning Commissioner and Councilmember. Mayor Pro-tem McGraw presented a bouquet of yellow roses to Ms. Pitt on behalf of the entire Council. Ms. Pitt thanked the Council and everyone who allowed her to serve as one of the City's Councilmembers. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 9.A. Consider proclaiming October 26, 2004 as `Partners in Physical Education Day". Mayor Maxwell read the following proclamation and presented it to the following representatives of the following schools: Round Rock High School - Jeannette Ward, teacher and Britney Bascom, student Stony Point High School - Jan Sartain, Lead Adapted PE teacher, Heather Milner, student, and Rory Salmon, student. McNeil High School _ Barbara Garza, teacher and Michael Eddins, student Westwood High School - Steve Candler, teacher and Laura Shagman, student • WHEREAS, residents of the City of Round Rock have continually demonstrated their willingness to participate in community efforts by volunteering their time and talent toward many projects and programs; and WHEREAS, Round Rock High School, Stony Point High School, McNeil High School and Westwood High School offers a program called Partners in Physical Education; and WHEREAS, this program is designed to allow students to participate in helping the Special Education students of their school by working with them not only through physical education activities but to educate and teach individuals about good nutrition and healthy eating habits; and WHEREAS, these Partners also help plan lessons for the class, plan and hold social gatherings and contribute monetarily to the workings of the class; and WHEREAS, the spirit of volunteering is woven deep into the fabric of our nations character, and can be seen through the works of these individuals, who dedicate their time to this program, so they can help enhance the quality of life for special people in need; and 156 OCTOBER 26, 2004 WHEREAS, the Round Rock City Council wishes to recognize the students who are dedicated to the Partners in Physical Education Program and thank them for their kindness and unsurpassed generosity, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim October 26, 2004 as "Partners in Physical Education Day" and urge all citizens to join me in applauding the spirit of public service demonstrated by these students. PROCLAIMED this 26th day of October 2004. PRESENTATIONS: • 10.A. Continuation of presentations not addressed during the Work Session All of the presentations were addressed during the work session. PUBLIC HEARINGS: 11.A.1. Consider public testimony regarding updates to the land use assumptions and capital improvements plan, and amendments to the current water and wastewater impact fees. At least every five years, the City's land use assumptions, capital improvement plan and water and wastewater impact fees are reviewed for possible amendment to reflect the cost of constructing infrastructure within the City. Impact fees assist the City in paying for the infrastructure needed by development rather than being subsidized by ratepayers. Current fees are $2,910 for water and $1,059 for wastewater per LUE. Over the last 18 months, the land use projections and the Water and Wastewater Master Plans have been reviewed and updated, and maximum potential impact fees have been calculated. Water and wastewater impact fees are charged to offset the cost of • P 9 constructing infrastructure to keep up with development and allow for growth to pay for itself rather than being paid for by ratepayers. Tom Clark, Director of Utilities outlined the following discussion points: Background • First Public hearing October 14, 2004 • Impact fee is intended for growth to pay for itself and be fair to a// rate payers • 19-month process — Capital Improvements Advisory Committee - Planning and Zoning Commission, 2-at large members, 1-non voting member representing the HBA of Greater Austin • Committee met 4-times in July and August to review: — Land Use Projections (updated by Staff) — Water Master Plan and CIP (updated by HDR Engineering) — Wastewater Master Plan CIP (updated by CDM Engineering) — Fee Calculation report (prepared by HDR Engineering) • Committee received and discussed input from Staff and HBA • Committee recommended adopting Maximum Fee of $4,296 for Water and $1,306 for Wastewater Water and Wastewater Master Plans - Future Facilities • • Water — Supply/Treatment - $62,033,507 — Storage and Pumping Facilities - $14,665,322 — Transmission - $32,858,215 • Wastewater — Treatment - $32,651,020 — Pumping - $133,690 — Interceptors - $28,090,510 Maximum Fee Less Credits • Maximum Fee for Water of$4,372 less a credit of $76 = $4,296 • Maximum Fee for Wastewater of $2,225 less a credit of $919 = $1,306 • Total Maximum Fee = $5,602 • 41% increase over the current fee 157 OCTOBER 26, 2004 Maximum Fee is Recommended • Delicate balance between water and wastewater rates and cost to citizens and impact fees • Without Impact fees, we will face huge future rate increases' Projected Utility Revenue Adiustments - Combined Water & Wastewater • City Water Wastewater Total • Austin - N.E. Preferred Development Zone $ 700 $ 400 $1,100 - Western city $1,500 $1,200 $2,700 • Pflugerville $2,491 $1,362 $3,853 • Round Rock (current) $2,910 $1,059 $3,969 • Georgetown $2,295 $1,869 $4,164 • Buda $2,721 $1,514 $4,234 • Cedar Park $2,250 $2,000 $4,250 • Leander $2,850 $1,550 $4,400 • San Marcos $2,466 $2,185 $4,651 • Jonah SUD (water only) $4,125 n/a -- Round Rock (maximum potential) $4,296 $1,306 $5,602 • Chisholm Trail SUD (water only) $4,600 n/a -- Projected Utility Revenue Adjustments - Combined Water & Wastewater Year No Impact Fee Change Max Fee Adopted 2004 3.0% 3.0% 2005 3.0% 3.0% 2006 7.1% 5.9% 2007 7.7% 6.1% 2008 9.0% 8.2% 2009 9.6% 8.8% 2010 4.8% 4.8% 2011 0.0% 0.0% 2012 0.0% 0.0% 2013 1.5% 1.5% Total 45.7% 41.3% • Implementation • If adopted, would be effective January 1, 2005 • Fee Collected on platted development recorded after January 1, 2005 - Collected at time of building permit. - or at time of meter purchase The following is the response to the questions that were received. Question/Issue Staff Response 115% increase in 2-years 41% Increase Population 3X Average 1,476 building permits annually Dry Year Average Dry Year is normal Prepaid inflation 3% annually to determine actual cost of improvements Weighted Average costs Consultant methodology sound Improper Term for Rate Credit 10-years allowed by Local Government Code 395 Mr. Clark concluded that staff recommended adoption of the fees presented and • there have been no changes since this was last presented to the Council. In response to Council's question, Mr. Kautz explained the rate credit calculation. Per the statute, municipalities are required to provide a credit to the calculation if there are any amounts related in already calculated in the utility rate or in ad valorem property tax rate. The impact fees will be used to pay cash for projects and/or debt service. Some portion of the bill goes toward the projects that are the basis for the rate calculation. He added that no property tax goes toward paying for this service. 158 OCTOBER 26, 2004 Mayor Maxwell opened the public hearing. Harry Savio, Executive Vice President, Greater Austin Homebuilders Association, 7952 Anderson Square, Austin, expressed his concern regarding the impact fees being too high because he said that it would affect the building industry. Mr. Savio provided a letter to the Council that rebutted staff's analysis of the HBA consultant report and restated the following key points. • • Prepaid Inflation • Misc. Pipeline Costs • Weighted Average Costs • Rate Credit • Growth Figures - Density • Dry Year Statistics • Last Rate Increase He concluded that the building industry needs a reasonable compromise on the rates. Jimmy Joseph, 2410 Messick Loop, spoke against the proposed fees and if these fees were necessary to provided for a gradual increase. He asked the Council to consider the young homebuyers. There being no further public testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. No items were removed from the consent agenda. • *13.A. Consider approval of the City Council minutes for August 18-19, 2004: September 7, 2004: September 9, 2004: September 23, 2004: and October 14, 2004. *14.D.1. Consider an ordinance approving and adopting a budget for the Park Development Fund for the 2004-2005 fiscal year. (Second Reading) *14.D.2. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for the 2004-2005 fiscal year. (Second Reading) *14.E.1. Consider an ordinance authorizing the placement of yield signs and stop signs at various intersections in the Settler's Crossing Subdivision, Section 1. (First Reading) *14.E.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Enclave at Town Centre Subdivision, Phase 1 & 2. (First Reading) *14.E.3. Consider an ordinance authorizing the placement of stop signs at various intersections in.the Settler's Overlook Subdivision, Section 1. (First Reading) *14.E.4. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Sonoma Subdivision, Sections 7, 8 & 10. (First Reading) *14.E.5. Consider an ordinance authorizing the placement of yield signs and stop signs at various intersections in the Turtle Creek Village Subdivision, Phase 1 Section A (First Reading) z 159 OCTOBER 26, 2004 *15.A.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway from 6:00 a.m. until 3:00 p.m. on November 13, 2004 for a State Cross Country Track Meet. *15.E.3. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. • *15.E.4. Consider a resolution authorizing property tax refund to Photronics Texas, L.P. for 2000, 2001, 2002, and 2003 taxes totaling $10,000.00. *15.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 with Chiang, Patel &Yerbv, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way. (Kiphen Road, Phase I Pro'ect MOTION: Councilmember Rhode moved to approve all items listed in the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *13.A. Consider approval of the City Council minutes for August 18-19, 2004; September 7, 2004: September 9, 2004: September 23, 2004; and October 14, 2004. This item was approved under the consent agenda. ORDINANCES: 14.A.1. Consider an ordinance amending Chapter 10, Section 10.204, Code of Ordinances, amending the Water and Wastewater Impact Fees, and Adopting New Land Use Assumptions and Capital Improvements Plan. (Second Reading) Tom Clark, Director of Utilities made the staff presentation during the public hearing for this item. The Council and Mr. Savio had a lengthy debate regarding the proposed fees and as to who should have to pay for future growth, the citizens of Round Rock or the development community. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE WATER AND WASTEWATER IMPACT FEES, AND ADOPTING NEW LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode 160 OCTOBER 26, 2004 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.B.1. Consider an ordinance adopting the 2004-2005 Community Development Block Grant Budget. (First Reading) Jim Stendebach made the staff presentation. This ordinance is required to fund the Community Development Block Grant activities identified in the annual plan for fiscal year 2004-05. Programs identified in the plan directly benefit • the low to moderate-income citizens of Round Rock. Funding allocated for FY 2005 and unspent funds from previous years are included in this plan. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2004-2005 FISCAL YEAR. MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.C.1. Consider an ordinance amending Chapter 6, Section 6.615 of the Round Rock Code of Ordinances, amending the garbage collection service charges. (First Reading) Tom Word, Chief of Public Works Operations made the staff presentation. Round Rock Refuse has a franchise with the City for residential garbage hauling within the city limits. The City received a request from Round Rock Refuse for a rate increase due to increases in landfill charges, fuel costs and insurance costs. The last rate adjustment was in January 2000. Round Rock Refuse provides twice a week pickup. This rate increase affects residential accounts only. Rate Evaluation • Round Rock Refuse Request Increased Landfill Costs - $0.60 / customer Increased Fuel & Ins. Costs - $0.15 / customer Total: $0.75 • City Billing, Collection, &Admin $0.19 / customer Total Requested Increase: $0.94 / customer Rate Recommendation Components Current Rate Proposed Rate Proposed Senior Rate Round Rock Refuse $8.85 $9.60 $8.80 City Billing, Collection &Admin $1.81 $2.00 $1.80 City Recycling $.0.40 $0.40 $0.40 Total $11.06 $12.00 $11.00 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.615, CODE OF ORDINANCES .(1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE GARBAGE COLLECTION 161 OCTOBER 26, 2004 SERVICE CHARGES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode'moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.D.1. Consider an ordinance approving and adopting a budget for the Park Development Fund for the 2004-2005 fiscal year. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARK DEVELOPMENT FUND FOR THE 2004-2005 FISCAL YEAR. *14.D.2. Consider an ordinance approving and adopting a budget for the Ron Sproull Memorial Fund for the 2004-2005 fiscal year. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL • FUND FOR THE 2004-2005 FISCAL YEAR. *14.E.1. Consider an ordinance authorizing the placement of yield signs and stop signs at various intersections in the Settle'r's Crossing Subdivision, Section 1. (First Reading) This item was approved under the consent agenda. A yield sign is to be placed on Clinton Place at Chamberlain Drive, and stop signs are to be placed on Chamberlain Drive at Kiphen Road, on Pearson Way at Chamberlain Drive, on Corrigan Lane at Chamberlain Drive, on Butler Way at Pearson Way, on Corrigan Lane at Butler Way, on North and Southbound Butler Way at Clinton Place, on North and Southbound Pearson Way at Clinton Place, and on Marshall Trail at Clinton Place. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTION AS A YIELD INTERSECTION: CLINTON PLACE AT CHAMBERLAIN DRIVE; DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: CHAMBERLAIN DRIVE AT KIPHEN ROAD, PEARSON WAY AT CHAMBERLAIN DRIVE, CORRIGAN LANE AT CHAMBERLAIN DRIVE, BUTLER WAY AT PEARSON WAY, CORRIGAN . LANE AT BUTLER WAY, BUTLER WAY AT CLINTON PLACE, PEARSON WAY AT CLINTON • PLACE, AND MARSHALL TRAIL AT CLINTON PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14:.E.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Enclave at Town Centre Subdivision, Phase 1 & 2. (First Reading) This item was approved under the consent agenda. Stop signs are to be placed on Bryant Drive at South A.W. Grimes Boulevard, on Rachel Court at Rachel Lane, on Joyce Lane at Rachel Lane, and on Joyce Lane at Gattis School Road. ORDINANCE NO. 162 OCTOBER 26, 2004 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS .STOP INTERSECTIONS: BRYANT DRIVE AT A.W. GRIMES BOULEVARD RACHEL COURT AT RACHEL LANE, JOYCE LANE AT.RACHEL LANE, AND JOYCE LANE AT GATTIS SCHOOL ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.E.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Settler's Overlook Subdivision, Section 1. (First Reading) This item was approved under the consent agenda. Stop signs are to be placed on Bluffstone Drive at • Ki hen Road on Amber low Court at Bluffstone Drive on Crim P 9 son Sky Court at Bluffstone Drive, and on Deerfern Lane at Bluffstone Drive. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: BLUFFSTONE DRIVE AT KIPHEN ROAD, AMBERGLOW COURT AT BLUFFSTONE DRIVE, CRIMSON SKY COURT AT BLUFFSTONE DRIVE, AND DEERFERN LANE AT BLUFFSTONE DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.E.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 7, 8 & 10. (First Reading) This item was approved under the consent agenda. Stop signs are to be placed on North and Southbound Adler Falls Lane at Paradise Ridge Dr., on Crane Canyon Place at Rusk Road, on Hanzell Lane at Crane Canyon Place, on Hanzell Lane at Rusk Road, on Rusk Road at Forest Creek Drive, on Rusk Cove at Rusk Road, on Alexander Court at Rusk Road, on Ravenwood Circle at Rusk Road, on Paradise Ridge Drive at Forest Creek Drive, on Paradise Ridge Cove at Paradise Ridge Drive, on Barefoot Lane at Paradise Ridge Drive, and on Barefoot Cove at Barefoot Lane. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: ADLER FALLS LANE AT PARADISE RIDGE DRIVE, CRANE CANYON PLACE AT RUSK ROAD, HANZELL LANE AT CRANE CANYON PLACE, HANZELL LANE AT RUSK ROAD, RUSK ROAD AT FOREST CREEK DRIVE, RUSK COVE AT RUSK ROAD, ALEXANDER COURT AT RUSK ROAD, RAVENWOOD CIRCLE AT RUSK ROAD, PARADISE RIDGE DRIVE AT FOREST CREEK DRIVE, PARADISE RIDGE COVE AT PARADISE RIDGE DRIVE, BAREFOOT LANE AT PARADISE RIDGE DRIVE, AND BAREFOOT COVE AT BAREFOOT LANE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *14.E.5. Consider an ordinance authorizing the placement of yield signs and stop signs at various intersections in the Turtle Creek Village Subdivision, Phase 1, Section A. (First Reading) This item was approved under the consent agenda. A yield sign is to be placed on Logan Drive at Prairie Rock Way, an all-way stop sign is to be placed on Logan Drive at Prairie Rock Way, and stop signs are to.be placed on Thompson Trail at North A.W. • Grimes Boulevard, on King Cotton Lane at Thompson Trail, on Mondale Trail at Thompson Trail, on Mondale Trail at Praire Rock Way, and on Prairie Rock Way at King Cotton Trail. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTION AS A YIELD INTERSECTION: LOGAN DRIVE AT PRAIRIE ROCK WAY; DESIGNATING THE FOLLOWING INTERSECTION AS AN ALL-WAY STOP INTERSECTION: LOGAN DRIVE AT PRAIRIE ROCK WAY; DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: THOMPSON TRAIL AT A.W. GRIMES BOULEVARD, KING COTTON LANE AT THOMPSON TRAIL, MONDALE TRAIL AT THOMPSON TRAIL, MONDALE TRAIL AT 16 3' OCTOBER 26, 2004 PRAIRIE ROCK WAY, AND PRAIRIE,ROCK WAY AT KING COTTON TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *15.A.1. Consider a resolution authorizing the closing of a portion of Harrell Parkway, from 6:00 a.m. until 3:00 p.m. on November 13, 2004 for a State Cross Country Meet. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that Harrell Parkway from the Northern entrance into Dell Diamond to Aten Loop be closed from 6:00 o'clock a.m. until 3:00 o'clock p.m. on November 13, 2004 for a State Cross Country Track Meet, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Harrell Parkway be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. 15.B.1. Consider a resolution authorizing the Mavor to execute an Economic Development Program Administration and Funding Agreement with the Round Rock Chamber of Commerce. David Kautz, Assistant City Manager made the staff presentation. Economic Development was the number one priority from the summer retreat. A solid • economic development program will enhance the financial wealth of the community. In order to move forward with an economic development plan, this agreement formalizes the roles of the Chamber of Commerce and .the City of Round Rock for the joint administration and funding of the economic development program. RESOLUTION NO. WHEREAS, §380.001 Texas Local Government Code provides that a municipality may establish a program to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, §380.001 also provides that the municipality may administer such program by the use of municipal personnel and may contract with another entity for the administration of a program; and WHEREAS, the City of Round Rock ("City") and the Round Rock Chamber of Commerce ("Chamber") wish to develop a program to promote economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City and the Chamber further wish to enter into an agreement for the joint administration and funding of said program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Economic Development Program, Administration and Funding ,Agreement with the Chamber, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for • all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public a� required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. NYLE MAXWELL, Mayor. ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 16 .4 OCTOBER 26, 2004 MOTION: Councilmember McGraw moved to approve the.resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 15.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with K. Friese &Associates Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I. Tom Clark, Utilities Director made the staff presentation. The McNutt Creek drainage basin is located on the eastern end of the City's ET). There is no wastewater infrastructure in this part of the Round Rock ET]. To prepare for the development and growth, the City has developed a Wastewater Master Plan that includes the construction of this interceptor to serve this area. The construction of this interceptor will allow the developer's to tie into the City's wastewater system in the near future. The Supplemental Agreement No. 1 is for engineering services for design phase, bidding phase, and construction phase services for the wastewater interceptor. The design phase services shall consist of public involvement/landowner coordination, design flow and modeling analysis, tree survey, • cultural resources survey, design survey, geotechnical investigation, pipeline design, lift station design, and permitting. Staff anticipates that the final design and construction of the project can be complete within 18 months of awarding this contract. The cost of this Supplemental Agreement is $496,725.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with K. Friese & Associates, Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I, and, WHEREAS, K. Friese &Associates, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to modify the provisions for.the scope.of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with K. Friese & Associates, Inc., Now Therefore' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental "Agreement No. 1 to the Agreement with K. Friese & Associates, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at.which' this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. NYLE MAXWELL, Mayor . ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary" MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Coe seconded the motion. Ti T 16 5 OCTOBER 26, 2004 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15.D.1. Consider a resolution authorizing the Mavor to execute,a Funding • Approval/Agreement with the U.S. Department of Housing and Urban Development. Jim Stendebach, Planning Director made the staff presentation. This agreement between the City and HUD will allow the use of Community Development Block Grant funds set aside for specific projects and activities identified in the Community Development Annual Action Plan. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Program, and WHEREAS, the City Council wishes to make application for the available grant funds for specific projects and activities identified in the 2004-2005 Community Development Annual Action Plan that was adopted by the City Council on July 22, 2004, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Approval/Agreement with HUD for the above-described grant, a copy of said Approval/Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15.D.2. Consider a resolution authorizing the Mayor to.execute a Consent • Agreement with Highlands at Mayfield Ranch, Ltd. for the creation of Highlands at Mayfield Ranch Municipal Utility District. Jim Stendebach, Planning Director, made the staff presentation. The Highlands at Mayfield Ranch has requested City consent to create a Municipal Utility District for a 345.79-acre tract of land in the northwest corner of Round Rock' s extra-territorial jurisdiction. The land is within the Certificate of Convenience and Necessity of the City of Georgetown and wastewater will be provided by Williamson County. The following are the main provisions of the consent agreement: 16 .6 OCTOBER 26, 2004 • City will receive a "Master Development Fee" of 8% of each bond reimbursement up to 1.6 million dollars. • Developer will construct 2 lanes of Arterial H from Flowstone Lane to Lagoona Drive. $200,493.00 of fiscal security held by the City will be used to assist this construction. • The Developer and City have entered into a cost sharing agreement for the extension of Arterial H west to CR 175. This agreement is attached as an exhibit. • The developer will dedicate a water storage tank site to the City of Round Rock. • The City will not provide water or wastewater services to the MUD. • Street lights will be the responsibility of the MUD or electric utility. • Drainage plans must be approved by the City. • • The City and Developer agree to negotiate a fire protection plan. • 25.8 acres will be dedicated to the Williamson County Karst Foundation. • Development must comply with the concept plan approval by the Planning and Zoning Commission. • The City consents to the creation of the MUD. The Council expressed their concern regarding the negotiation and the need for a more concrete plan for fire protection for the MUD. Staff was directed to amend Section 5.03, Fire Protection Services, Article V as directed by Council. The developer, Blake McGee who was present, agreed to the amendment because he wants fire protection service. .RESOLUTION NO. WHEREAS, the Highlands at Mayfield Ranch, Ltd. ("Developer") is the owner of approximately 345.79 acres of land located within the extraterritorial jurisdiction of the City of Round Rock ("City"), and WHEREAS, Developer intends to develop the land as "Highlands at Mayfield Ranch" and .has requested that the City consent to the creation of a Municipal Utility District ("MUD") for said land,.and WHEREAS, the City wishes to enter into a Consent Agreement with the Developer regarding the creation of the MUD, Now'Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Consent Agreement with the Highlands at Mayfield Ranch, Ltd., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The.City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember McGraw moved to approve the resolution with the amendment to Consent Agreement, Article V, Section 5.03, as follows: "The City and Developer shall negotiate and enter into an agreement to provide for a fire protection plan."... Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15.E.1. Consider a resolution approving and adopting the Operating Budget for the Round Rock Transportation System Development Corporation for Fiscal Year 2004-2005 Cindy Demers, Finance Director made the staff presentation. This budget will provide 167 OCTOBER 26, 2004 funding for debt service and administrative, financial, legal and engineering services to the Transportation System Development Corporation. The budget is funded from a 1/2% sales tax established for the purposes for the purposes of-providing transportation improvements. The Corporation oversees those improvements with the further approval of the City Council. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation has • submitted a proposed operating budget for fiscal year 2004-2005, and WHEREAS, the City Council wishes to approve said proposal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the operating budget submitted by and for the Round Rock Transportation System Development Corporation for fiscal year 2004-2005, attached hereto as Exhibit "A", is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this` Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember , Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried,unanimously. 15.E.2. Consider a resolution requesting financial assistance from the State Infrastructure Bank in an amount not to exceed $7,000,000 for the IH-35 Area Improvements, Chandler Road to Westinghouse Road Project. Cindy Demers, Finance Director made the staff presentation. This project is included in the corporation's currently approved Transportation Capital Improvement Program (TCIP). The project scope includes the addition of auxiliary lanes and turn lanes to the northbound frontage road and constructing a turnaround structure at Chandler Road. Obtaining a State Infrastructure Bank (SIB) Loan for this project will facilitate timely construction of the IH-35 Area Improvements without adversely impacting other scheduled projects on the TCIP. SIB loans • offer favorable terms, including a secondary lien position to bonded debt. Garry Kimball, the City's financial advisor, briefly explained the process he will undertake to prepare and submit the application and the benefits of following this direction to fund this project. RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK ("CITY") REQUESTING FINANCIAL ASSISTANCE FROM THE STATE INFRASTRUCTURE BANK IN AN AMOUNT NOT TO EXCEED $7,000,000; AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. 168 OCTOBER 26, 2004 WHEREAS, the City Council of the City Y hereb finds and determines that there is an urgent need for the City to construct improvements to the City's transportation system, and WHEREAS, such capital improvements cannot be reasonably financed unless financial assistance is obtained from the State Infrastructure Bank, and WHEREAS, the City Council now desires to request financial assistance in an amount not to exceed $7,000,000, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. An application to the State Infrastructure Bank is hereby approved and authorized to be filed with the State Infrastructure Bank seeking financial assistance in an amount not to exceed $7;000,000 to provide for the. costs of construction of improvements to the City's transportation system. • Section 2. The Mayor is hereby designated as the authorized representative of the City for purposes for furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and with complying with the Rules of the State Infrastructure Bank. Section 3. The following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City before any hearing held by the State Infrastructure Bank on such applications, to wit: Mr. Garry Kimball, First Southwest Company, 98 San Jacinto Blvd., Suite 370, Austin, Texas 78701 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember'Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *15.E.3. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and eguipment. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "Issuer") is a home-rule City of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures in connection with acquiring certain vehicles and equipment (the "Property") prior to the issuance of obligations to finance the Property, and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the • provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That the Issuer reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximum principal amount equal to $600,000 for the purpose of paying the costs of the Property. II. That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the'date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. III. x 169 OCTOBER 26, 2004 _ The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. IV. The City Council hereby finds.and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at.all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 Texas Government Code, as amended. - RESOLVED this 26th day of October, 2004. • *15.E.4. Consider a resolution authorizing property tax refund to Photronics Texas, L.P. for 2000, 2001, 2002, and 2003 taxes totaling $10,000.00. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Photronics Texas, L.P. has made an overpayment or erroneous payment of 2000, 2001, 2002, and 2003 taxes in the amount of $10,000.00; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $10,000.00. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. *15.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 with Chiang, Patel &Yerby, Inc. for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way. (Kiphen Road, Phase I Project) This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Chiang, Patel & Yerby, Inc. for the preparation of construction documents for the realignment and reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad right-of-way in Williamson County (Kiphen Road Phase I Project), and WHEREAS, Chiang, Patel &Yerby, Inc. has submitted Supplemental Agreement No. 5 to the Agreement for Engineering Services for a change in the scope of services, and to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 5 with Chiang, Patel &Yerby, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 5 to the Agreement for Engineering Services with Chiang, Patel & Yerby, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. 15.F.2. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation regarding upgrading IH-35 170 OCTOBER 26, 2004 Frontage Roads and adding turnaround lanes at IH-35 and Chandler Road Tom Martin Director of Transportation Services made the staff presentation. This agreement provides for TXDOT to add auxiliary lanes and turn lanes to the northbound frontage road ramp relocation and constructing a turnaround structure at Chandler Road. Payment of the improvement costs will be made by the Round Rock Transportation System Development Corporation. This expenditure is included in the Corporation's currently approved • Transportation Capital Improvement Program. The initial contribution of$100.00 is required to open the account for this project. The cost of this Advance Funding Agreement is $6,000,000.00. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state 'to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match ("Agreement") 'with the State of Texas, acting through the Texas Department of Transportation regarding IH-35 'frontage roads and Chandler Road turnaround structures, Now Therefore BE IT RESOLVED .BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit A and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 26th day of October, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe MayorlMaxwell Nays: None ACTION: The motion carried unanimously. 15.F.3. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Fillip Construction Company. Inc. for the Chisholm Trail North Project. Tom Martin, • Director of Transportation Services made the staff presentation. Due to the grade difference and TxDOT's FM 3406 Project, the existing driveways had to be adjusted, increasing quantities. This change order is for quantity overruns due to unforeseen field condition, for additional traffic control and to add 75 days to the contract time. The cost of the change order is $55,569.70. RESOLUTION NO. 1. 71 b. OCTOBER 26, 2004 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Fillip Construction Company, Inc. for the Chisholm Trail Reconstruction Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of;work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it :is=necessary to change said Contract in accordance with the attached Contract Change Order--No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 2 to the Contract with Fillip-Construction Company, Inc. for the • Chisholm Trail Reconstruction Project, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15.F.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Klotz &Associates. Inc. for the design of traffic signals on Double Creek Drive at Gattis School Road and on Sunrise Road at Old Settlers Boulevard. Tom Martin, Director of Transportation Services made the staff presentation. These locations have been deemed by staff for new traffic signals due to the heavy volumes of commuters and safety for the motorist. The scope of services for this contract includes design, bidding and construction phase, engineering services for proposed traffic signals at the following intersections: Doublecreek Drive and Gattis School Road; and Sunrise Road at Old Settlers Boulevard. The cost of the contract is $49,651.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain .engineering services for the design of traffic signals on Double Creek Drive at Gattis School Road and on Sunrise Road at • Old Settlers Boulevard, and WHEREAS, Klotz Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Klotz Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Klotz Associates, Inc. for the design of traffic signals on Double Creek Drive at Gattis School Road and on Sunrise Road at Old Settlers Boulevard, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 172 OCTOBER 26, 2004 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: Mayor Maxwell read the following Executive Session items. The Council then left the dais and proceeded to the Executive Chamber for the Executive Session. 17.A.1. Executive Session as authorized by $551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. Mayor Nyle Maxwell opened • the Executive Session for this item at 9:00 p.m. and adjourned at 9:25 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 9:26 p.m. Re pectfully Submitted, Christine R. Martinez, City Secretary 173 NOVEMBER 9, 2004 The Round Rock City Council met.in Regular Session on Tuesday, November 9, 2004 in the City Council Chamber, 221 E. Main,Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 5.A. Consider a proclamation recognizing all veterans on November 11, 2004 at Chisholm Trail Middle School in observance of Veterans' Day. Mayor Maxwell read the following proclamation and presented it to students from Chisholm Trail Middle School. WHEREAS, on November 11, 1918, in accordance with the terms of the cease-fire agreement, hostilities between the Allies - United States, Great Britain, and France - and an adversarial Germany, officially ceased on the eleventh hour of that day; and WHEREAS, this international war, which claimed the lives of over 8.5 million soldiers, including 126,000 Americans, called upon the population of the United States to make extraordinary contributions to support the efforts of its men and women; and • WHEREAS, since that historic day the United States has continued to flourish as a free nation, ever mindful of the blessings brought about by liberty and peace, which must be remembered and preserved by future generations; and WHEREAS, the students and staff of Chisholm Trail Middle School wish to honor the veterans who fought with full measure of their valor and loyalty to protect our country and eternally grateful for the contributions to the cause of world peace, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, do hereby find it fitting and proper to pay special tribute and honor to all veterans in observance of "VETERAN'S DAY" in the City of Round Rock and encourage everyone to join the staff and students of Chisholm Trail Middle School on November 11, 2004 at Chisholm Trail Middle School to pay special tribute and honor all veterans. PROCLAIMED this 9th day of November 2004. 5.B. Consider a proclamation declaring November 13, 2004 as "Round Rock Area Serving Center Day." Mayor Maxwell read the following proclamation and presented it to Lori Scott with the Round Rock Area Serving Center. WHEREAS, the Serving Center is a charitable nonprofit social services agency and food pantry that serves the Round Rock area; and WHEREAS, the Serving Center provides limited financial assistance toward rent, utilities, gasoline, transportation, temporary lodging, and prescriptions; and WHEREAS, the Serving Center is staffed primarily by volunteers, and is supported by • local churches, civic groups businesses, the United Way of Greater Williamson County, and community of Round Rock; and WHEREAS, the Round Rock City Council wishes to recognize the efforts of the Round Rock Serving Center and thank all of the individuals and neighborhoods who help in the annual food drive, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim November 13, 2004 as "ROUND ROCK AREA SERVING CENTER DAY" and urge everyone in the community to join me and the Council in helping to stock the pantry, provide funds or offer their time to the Round Rock Area Serving Center so they can continue this much needed service. PROCLAIMED this 9th day of November 2004. 17 .4 NOVEMBER 9, 2004 PUBLIC HEARINGS: 6.A.1 Consider public testimony regarding re-adopting Chapter 1 Section 1 2700 Youth Curfew, Round Rock Code of Ordinances (1995 Edition) Police Chief Bryan Williams made the staff presentation. State law requires a review of the City's youth curfew ordinance usefulness and reauthorization every three years. This hearing is required in support of that reauthorization. The existing ordinance has provided for a nighttime curfew • since 1994. In 2001, a daytime curfew was added to the ordinance covering the period, 9:00 a.m. to 2:30 p.m. on school days. The Police Department completed a review of its use of the ordinance during the 2001-2004 periods and recommended its reauthorization. Following is a summary of that recommendation. "The use of the nighttime curfew rose sharply in 2004, while the overall number of daytime curfew calls appears to have dropped since its first inception. Despite the latter trend, the relative number of citations rose sharply in 2003-04. It should be noted that the decline shows that enforcement of the daytime curfew may be having its intended effect - that youths are staying in school. In regards to the nighttime portion of the curfew, the number of nighttime juvenile complaints/offenses has held relatively steady over the past few years, despite significant population growth. A general decline in four other categories of crime traditionally thought • to be largely committed by juveniles has occurred since the daytime curfew took effect, though it would be inappropriate to point to the curfew ordinance as a primary cause of that trend. Based on these findings, the Department's recommendation to the City Council should be to readopt the Curfew Ordinance for another three years." In response to Mayor Pro-tem McGraw's question, Chief Williams said that the minor and not the parent is given the ticket. The Council discussed whether parents are notified when tickets are issued and that they want to make sure that parents are involved in the disciplinary action. Shelley Imholt, 1601 Peachtree Valley Drive expressed her concern regarding the ordinance adding that parents should be the ones responsible for setting the boundaries for their children rather then someone else. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by • one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *8.A. Consider approval of the City Council minutes for October 5, 2004: and October 26, 2004. *9.A.1. Consider an ordinance adopting the 2004-2005 Community Development Block Grant Budget. (Second Reading 175, NOVEMBER 9, 2004 9.13.1. Consider an ordinance amending Chapter 6, Section 6.615 of the Round Rock Code of Ordinances, amending the garbage collection service charges. (Second Reading) *9.D.1. Consider an ordinance-authorizing the placement of yield signs and stol2 signs at various intersections in the Settler's Crossing Subdivision, Section 1. (Second • Reading) *9.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Enclave at Town Centre Subdivision, Phase 1 & 2. (Second Reading) *9.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Settler's Overlook Subdivision, Section 1. (Second Reading) *9.D.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 7, 8 & 10. (Second Reading) *9.D.5. Consider an ordinance authorizing the placement of yield signs and stog signs at various intersections in the Turtle Creek Village Subdivision, Phase 1, Section A. (Second Reading) *10.C.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Joe Bland Construction, L.P. for the construction of turn lanes on Gattis School Road at • Via Sonoma, Doublecreek Drive at the Post Office driveway, and Louis Henna Boulevard at Meister Lane. *10.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services with Ganner Associates, Inc. for proiect management for the implementation of a new computer-aided dispatch and records management system for the Police Department. MOTION: Councilmember Knight moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *8.A. Consider approval of the City Council minutes for October 5, 2004: and October 26, 2004. This item was approved under the consent agenda. ORDINANCES: *9.A.1. Consider an ordinance adopting the 2004-2005 Community Development Block Grant Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. l 7 6 NOVEMBER 9, 2004 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2004-2005 FISCAL YEAR. *9.B.1. Consider an ordinance amending Chapter 6 Section 6.615 of the Round Rock Code of Ordinances amending the garbage collection service charges (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.615, CODE OF ORDINANCES (1995 • EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE GARBAGE COLLECTION SERVICE CHARGES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9.C.1. Consider an ordinance re-adopting Chapter 1, Section 1.2700 Youth Curfew Round Rock Code of Ordinances (1995 Edition). (First Reading) Chief Williams made staff presentation during public hearing of this item. Mayor Maxwell responded to the concerns from the citizen who spoke in the public hearing. Mayor Pro-tem McGraw commented on the positive effects of the curfew to the community. ORDINANCE NO. AN ORDINANCE TO READOPT AND CONTINUE CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, REGARDING A JUVENILE CURFEW IN CONFORMITY WITH SECTION 370.002 'OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR • RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9.D.1. Consider an ordinance authorizing the placement of yield signs and stop signs at various intersections in the Settler's Crossing Subdivision, Section 1. (Second Reading) This item was approved under the consent agenda. A yield sign will be placed on Clinton Place at Chamberlain Drive. Stop signs on Chamberlain Drive at Kiphen Road, on Pearson Way at Chamberlain Drive, on Corrigan Lane at Chamberlain Drive, on Butler Way • at Pearson Way, On Corrigan Lane at Butler Way, on North and Southbound Butler Way at Clinton Place, on North and Southbound Pearson Way at Clinton Place, on Marshall Trail at Clinton Place. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTION AS A YIELD INTERSECTION: CLINTON PLACE AT CHAMBERLAIN DRIVE; DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: CHAMBERLAIN DRIVE AT KIPHEN ROAD, PEARSON WAY AT CHAMBERLAIN DRIVE, CORRIGAN LANE AT CHAMBERLAIN DRIVE, BUTLER WAY AT PEARSON WAY, CORRIGAN 177 NOVEMBER 9, 2004 LANE AT BUTLER WAY, BUTLER WAY,AT CLINTON PLACE, PEARSON WAY AT CLINTON PLACE, AND MARSHALL TRAIL AT CLINTON PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Enclave at Town Centre Subdivision, Phase 1 & 2. (Second Reading). This item was approved under the consent agenda. Stop signs will be placed on Bryant • Drive at South A.W. Grimes Boulevard, on Rachel Court at Rachel Lane, on Joyce Lane at Rachel Lane, on Joyce Lane at Gattis School Road. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: BRYANT DRIVE AT A.W. GRIMES BOULEVARD, RACHEL COURT AT RACHEL .LANE, JOYCE LANE AT RACHEL LANE, AND JOYCE LANE AT GATTIS SCHOOL ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Settler's Overlook Subdivision, Section 1. (Second Reading) This item was approved under the consent agenda. Stop signs will be placed on Bluffstone Drive at Kiphen Road, on Amberglow Court at Bluffstone Drive, on Crimson Sky Court at Bluffstone Drive, on Deerfern Lane at Bluffstone Drive ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: BLUFFSTONE DRIVE AT KIPHEN ROAD, AMBERGLOW COURT AT BLUFFSTONE DRIVE, CRIMSON SKY COURT AT BLUFFSTONE DRIVE, AND DEERFERN LANE AT BLUFFSTONE DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.D.4. Consider an ordinance authorizing the placement of stop signs at various q j:. intersections in the Sonoma Subdivision, Sections 7, 8 & 10. (Second Reading) This item was approved under the consent agenda. Stop signs will be placed on North and Southbound Adler Falls Lane at Paradise Ridge Dr., on Crane Canyon Place at Rusk Road, on Hanzell Lane at Crane Canyon Place, on Hanzell Lane at Rusk Road, on Rusk Road at Forest Creek Drive, on Rusk Cove at Rusk road, on Alexander Court at Rusk Road, on Ravenwood Circle at Rusk Road, on Paradise Ridge Drive at Forest Creek Drive, on Paradise Ridge Cove at Paradise Ridge Drive, on Barefoot Lane at Paradise Ridge Drive, on Barefoot Cove at Barefoot Lane. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: ADLER FALLS LANE AT PARADISE RIDGE DRIVE, CRANE CANYON PLACE AT RUSK ROAD, HANZELL LANE AT CRANE CANYON PLACE, HANZELL LANE AT RUSK ROAD, RUSK ROAD AT FOREST CREEK DRIVE, RUSK COVE AT RUSK ROAD, ALEXANDER COURT AT RUSK ROAD, RAVENWOOD CIRCLE AT RUSK ROAD, PARADISE RIDGE DRIVE AT FOREST CREEK DRIVE, PARADISE RIDGE COVE AT PARADISE RIDGE DRIVE, BAREFOOT LANE AT PARADISE RIDGE DRIVE, AND BAREFOOT COVE AT BAREFOOT LANE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.D.5. Consider an ordinance authorizing the placement of yield signs and stop signs at various intersections in the Turtle Creek Village Subdivision, Phase 1, Section A. 178 NOVEMBER 9, 2004 (Second Reading) This item was approved under the consent agenda. A yield sign will be placed on Logan Drive at Prairie Rock Way, an all-way stop on Logan Drive at Prairie Rock Way, and stop signs on Thompson Trail at North A.W. Grimes Boulevard, on King Cotton Lane at Thompson Trail, on Mondale Trail at Thompson Trail, on Mondale Trail at Prairie Rock Way, on Prairie Rock Way at King Cotton Trail. ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE. FOLLOWING INTERSECTION AS A YIELD INTERSECTION: LOGAN DRIVE AT PRAIRIE ROCK WAY; DESIGNATING THE FOLLOWING INTERSECTION AS AN ALL-WAY STOP INTERSECTION: LOGAN DRIVE AT PRAIRIE ROCK WAY; DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: THOMPSON TRAIL AT A.W. GRIMES BOULEVARD, KING COTTON LANE AT THOMPSON TRAIL, MONDALE TRAIL AT THOMPSON TRAIL, MONDALE TRAIL AT PRAIRIE ROCK WAY, AND PRAIRIE ROCK WAY AT KING COTTON TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 10.A.1. Consider a resolution adopting an updated Investment Policy for the investment of City funds. Cindy Demers, Finance Director made the staff presentation. From time to time, it becomes necessary to make changes to the City Investment Policy for legal compliance, efficiencies or personnel authorizations. The Public Funds Investment Act requires staff to notify the City Council of proposed actions. Staff recommended changes in brokers for the purpose of getting more competitive bids for our investments. Staff anticipates to receive more income from the City's investments while maintaining safety and • liquidity. RESOLUTION NO. WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City funds, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas • ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: . Councilmember Nielson moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell 179 NOVEMBER 9, 2004 Nays: None ACTION: The motion carried unanimously. 10.B.1. Consider a resolution approving an exception to park curfew regulations to allow overniciht activity at Old Settlers Park at Palm Valley for a Barbecue Cook-off. James Hemenes, Parks and Recreation Planner made.the staff presentation. City staff has. scheduled a Barbecue Cook-off for November 19-20, 2004. The event will begin on Friday • evening, when the teams show up and begin cooking for a Saturday early afternoon judging and picnic. This event is planned as an annual event, much like the employee golf tournament that was played in July. The purpose of both of these events is to build camaraderie among City employees through fun, "team building" events outside of the work environment. RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that Old Settlers Park at Palm Valley be open from midnight until 6:00 o'clock a.m. on November 20, 2004, for a City of Round Rock employee barbecue cook-off, and WHEREAS, municipal parks are only open to the public between the hours of 6:00 o'clock a.m. and 12:00 o'clock midnight in accordance with Section 1.1701 of the Code of Ordinances (1995 Edition),and WHEREAS, pursuant to Section 1.1701 an exception to the requirements of said Section may be authorized only by City Council approval, and WHEREAS, the City Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Old Settlers Park at Palm Valley be open as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November 2004. T NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. *10.C.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with Joe Bland Construction, L.P. for the construction of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office driveway, and Louis Henna Boulevard at Meister Lane. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Joe Bland Construction, L.P. for the construction of turn lanes on Gattis 180 NOVEMBER 9, 2004 School Road at Via Sonoma, Doublecreek Drive at the Post Office Driveway, and Louis Henna Boulevard at Meister Lane, and WHEREAS, due to unforeseen circumstances, the Council has determined that it is necessary to close out the contract, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with Joe Bland Construction, L.P., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November 2004. 10.D.1. Consider a resolution authorizing the Mayor to execute a Second Amendment to Refuse Collection Contract with Round Rock Refuse, Inc. Tom Word, Chief of Public Works Operations made the staff presentation. The City received a request from Round Rock Refuse for a rate_increase due to increases in landfill charges, fuel costs and insurance costs. Round Rock Refuse is franchised for residential garbage hauling within the City. The last rate adjustment was in January 2000. Round.Rock Refuse provides twice a week pickup. This rate increase will only affect residential accounts. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Refuse Collection Contract ("Contract") with Round Rock Refuse, Inc. ("Contractor"), and • WHEREAS, the City and Contractor now wish to amend the Contract, and WHEREAS, the City Council desires to enter into a Second Amendment to Refuse Collection Contract with Round Rock Refuse, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Second Amendment to Refuse Collection Contract with Round Rock Refuse, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public 'as required' by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor:Maxwell Nays: None ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Round Rock Police Department Connectivity to Austin Police Department Automated Palm Ai . NOVEMBER 9, 2004 and Fingerprint Identification System. Police Chief Williams and Ed McKenzie, City's Crime Scene expert made the staff presentation. Earlier this year, the Police Department used grant funds to purchase an Automated Palm and Fingerprint Identification System (APFIS). This system will allows crime scene personnel to enter latent prints from crime scenes and match them against other crimes or against suspects for whom the database has prints. This agreement will allow the Police to gain the most benefit possible from this new system and will allow the capability of sharing information with Austin Police 's APFIS system. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Agreement for Round Rock Police Department Connectivity to Austin Police Department Automated Palm and Fingerprint Identification System (APFIS) to connect and share identification database information, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 2004. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services with Ganner Associates, Inc. for project management for the implementation of a new computer-aided dispatch and records • management system for the Police Department. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Consulting Services ("Agreement") with Ganner Associates, Inc. for project management for the implementation of a new computer-aided dispatch and records management system for the Police Department, and WHEREAS, Ganner Associates, Inc. has submitted Supplemental Agreement No. 1 to the Agreement, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Ganner Associates, Inc., Now Therefore 182 NOVEMBER 9, 2004 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the' Agreement for Consulting Services with Ganner Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that. such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 9th day of November, 2004. APPOINTMENTS: 11.A. Consider four apgointments to the Round Rock Transportation System Development Corporation. Four appointments are needed. Two of the positions need to be held by Councilmembers and two by Round Rock residents. Those members whose term is due to expire in November are Nyle Maxwell, Alan McGraw, Larry Hathorn and Mike Robinson. MOTION: Councilmember Nielson moved-that Nyle Maxwell, Alan McGraw, Larry Hathorn, and Mike Robinson be appointed by acclamation. Councilmember Rhode seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode • ,Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Maxwell encouraged participation in the Round Rock Serving Center food drive, Veteran's Day celebrations and the Texas Mission of Mercy. ADJOURNMENT: There being no further business, the meeting adjourned at 7:50 p.m. rRespectfully Submitted, l�J`1 U L �• Christine R. Martinez, City Secretary • 183 NOVEMBER 23, 200y The Round Rock City Council met in Regular Session on Tuesday, November 23, 2004 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M.- Mayor Maxwell called the regular session to'crder at 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Tom Clark and Terrell Wilkey of the Utility Department reported that the Water for People - American Waterworks Association Program builds water systems in impoverished countries. The utility staff took on a project to raise funds to build a water system in South America. This project was a success through the hard work of the employees, the combined funds donated earlier this year by the I&I and Water/Wastewater Line Maintenance Departments, and the "Water for People" Golf Tournament. The project that was selected • for the use of the $8,804.23 that was raised will be used in the Villages of Las Almendras and Paletales Honduras where 559 people will have access to safe drinking water and 229 people will have proper wastewater service. This project will be constructed in the name of the "City of Round Rock Utilities in Memory of Roscoe Gillory". Mr. Gillory was an employee of the department who recently passed away. Rich Beard and Amanda Dodson, 600 Round Rock Avenue, Suite 101, announced that a Frosty's 5K Family Fun Run/Walk sponsored by Rumor Has It Magazine will he held on December 18 from Old Settlers Park to Dell Diamond. This event will benefit the_Round Rock Family YMCA, Round Rock Habitat for Humanity, STARRY, and RRISD Education Foundation. Randy Schmidt, 12004 Lincolnshire Drive, Austin, spoke on seeking an exemption to allow Calvary Worship Center to operate a fund raising fireworks stand on FM1325 within the City's jurisdiction. • PUBLIC HEARINGS: 5.A.1. Consider public testimony on the proposed renovation and improvement of the "Greater Lake Creek Park" and Hike and Bike Trail. Vanessa Shrauner, Administrative Assistant, Parks and Recreation Department made the staff presentation. The Parks, Recreation and Open Space Master Plan identified the development of new trails as its number one priority. The Greater Lake Creek Trail will tie Clay Madsen Recreation Center to the Lake Creek, and Turtle Creek Subdivisions. This grant from the LCRA-Partnerships in 184 NOVEMBER 23, 200Y Parks Grant Program will provide a trail system for the Greater Lake Creek Area. 'Ms. Shrauner gave an overview of the proposed trail and improvements. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 5.B.1. Consider public testimony regarding an application filed by First Baptist Church to rezone 1.106 acres of land from District PUD (Planned Unit Development) to • District PF-1 (Public Facilities - Low Intensity). (305 W. Anderson Avenue) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 1.106 acre tract was zoned Planned Unit Development in 1993. The intent behind the development of the PUD was to assist the First Baptist Church in delineating boundaries for its church campus and to establish perimeter-landscaping requirements. By dissolving the 1993 PUD, the existing parking lot will come Into conformity with the City's Zoning Ordinance. Parking lots are permitted principal uses in the PF-1 District. Under the PF-1 District, the church's facilities will be regulated by a zoning district more restrictive than the current PUD. The proposed rezoning to PF-1 provides better protection for surrounding neighbors since it contains safeguards against unrestricted building expansion. Mayor Nyle Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. • 5.B.2. Consider public testimony regarding an application filed by Coy L. and Laverne Mickens to rezone 0.20 acres of land from District SF-2 (Single Family-Standard Lot) to District C-1 (General Commercial). (105 Nash Street) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 0.20-acre tract is located on the southeast corner of Nash Street and South Mays Street. It was originally zoned Single-Family Standard Lot Residential District with the adoption of the City Zoning Ordinance in 1969. It is one of the few remaining residentially zoned tracts along this area of South Mays Street. Not only does the tract front along South Mays Street but also surrounded on the north, south and west by existing general commercial tracts. The tract is identified in the General Plan 2000 as commercial/mixed use, therefore, compatible with adjacent land uses. Mayor Nyle Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. • 5.13.3. Consider public testimony regarding proposed amendments to Chapter 11, Section 11.301, Zoning, Round Rock Code of Ordinances to adopt fees for site plan review and zoning applications. Mayor Pro-Tem McGraw pointed out that for some time the Council has been looking for a mechanism to ":self-critique" the City's development review process and look at opportunities to improve it. He added that he attended a meeting with staff and representatives of the Economic Development Committee of the Chamber of Commerce 185 NOVEMBER 23, 200 concerning the City's development process. He asked that this item be withdrawn from the agenda along with the ordinance establishing fees for site plan review and zoning applications until further discussions can be held. Mayor Maxwell advised Mayor Pro-tem McGraw that the ordinance can be withdrawn with the consensus of the Council but the public hearing will need to be held. Jim Stendebach, Planning and Community Development Director made the staff presentation. He outlined the following. SITE PLAN FEES Comprehensive site plan review was introduced in the new zoning ordinance adopted in June 2002. The ordinance established the Development Review Committee to ensure a coordinated review by all city departments involved in the approval process. No fees have been charged since the adoption of the ordinance. A review of staff requirements revealed that additional staff was required to efficiently review site plans and to ensure that development actually was constructed in accordance with the approved plans. The size and complexity of the city, together with increased development standards, has increased the time and staff requirements significantly. In addition, the need to integrate and coordinate input from different city departments has increased the complexity of the site plan review process. This results in the need to implement site plan review fees and adjust them to • reflect the true cost of doingbusiness. The staff and processing requirements were reviewed. P 9 q as well as identifying the differences in the complexity related to different types of Site Plan applications. The fees were compared with those of neighboring communities in developing the proposed fee structure. The following fees are proposed-for site plan review. These include additional fees for projects, which require excessive staff time due to an applicant's inability to address comments within a reasonable period of time. Both a base fee and a per acre fee will be charged for each site plan submittal. The proposed fees reflect the above issues and should assist in recovering a portion of the cost of providing site plan review services. Base Fee Per Acre Fee ■ Preliminary Site Plan $200.00 NONE ■ Official Application $500.00 ;,f $100.00/acre Includes initial review, comments, one review of amendments, and final review. ■ Additional Review $250.00 If additional review-cycles are required, due to incomplete plans or plans that do not fully address comments, an additional review fee shall be charged for each additional review required. ■ Amendments To An Approved Site Plan $250.00 $50.00/ acre If amendments are made to an approved site plan that require review by more than a single department a fee shall be charged. 18 6 NOVEMBER 23, 200Y ■ Entry Feature Plans $250.00 These require less review than full site plans. ■ Temporary Use Permit $50.00 (i.e. for carnivals, Christmas tree lots, etc.) ZONING FEES The Zoning and PUD application fees shown below are already in place and are contained in a separate fee schedule currently contained in the City's "Development Packet." The fees • were adopted by reference to the "Development Packet" with the 2002 revision of the Zoning Ordinance. The city's legal staff recommended that the City move away from adopting separate fee schedules and include all fees in ordinance documents. This will eliminate potential confusion regarding which fees are currently in place. Any future changes to fees will require a public hearing and ordinance amendments. Accordingly, staff recommended amending Section 11.301 to include the existing Zoning and PUD application fees currently listed in the "Development Packet". In addition, staff proposes a fee for the preparation of zoning verification letters. Zoning verification letters are typically requested from title companies, banks and appraisers to assist with property transfers and closings. The preparation of a zoning verification Letter is staff intensive since it involves researching the zoning history of the property in question. Base Fee • ■ Zoning or PUD Application $500 ■ Variance $500 ■ Special Exception $500 ■ Zoning Verification Letters $50.00 per letter Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. CONSENT AGENDA: All items listed were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items and none were removed from the consent agenda. *7.A. Consider approval of the City Council minutes for November 9, 2004. *8.A.1. Consider an ordinance re-adopting Chapter 1, Section 1.2700, Youth Curfew, Round Rock Code of Ordinances (1995 Edition). (Second Reading) *8.13.1. Consider an ordinance determining the public necessity for the acquisition • ` of a fee simple interest in a 0.036 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 15) (First Reading) *8.13.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.067 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate 187 NOVEMBER 23, 2001 eminent domain proceedings. (Parcel 14) (First Reading) This item was withdrawn from the agenda at the request of staff. *8.D.1. Consider an ordinance authorizind the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Section 3-C-1. (First Reading) *8.D.2. Consider an ordinance authorizing the placement of stop signs at various • intersections in the Village at Mayfield Ranch Subdivision, Section 6 and Phase 2-A. (First Reading) *8.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase 3, Section 4. (First Reading) *8.D.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ashton Oaks Subdivision, Section 1. (First Reading) *8.D.5. Consider an ordinance authorizing the placement of stop signs at various *9.D.1. Consider a resolution approving a reimbursement to Villages at Warner Ranch PUD, L.P. for the cost of oversizing water mains associated with the Warner Ranch development. *9.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Baker-Aicklen &Associates, Inc. for the G.O. Bond Downtown • Streets, Phase I Project. *9.E.1. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp, Dresser & McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements. MOTION: Councilmember Rhode moved to approve all the items listed in the consent agenda. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinances for items 861 and 862 and to adopt those ordinances with the unanimous • consent of all the Councilmembers present. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: 188 NOVEMBER 23, 2004 *7.A. Consider approval of the City Council minutes for November 9 2004 This item was approved under the consent agenda. ORDINANCES: *8.A.1. Consider an ordinance re-adopting Chapter 1 Section 1 2700 Youth Curfew, Round Rock Code of Ordinances (1995 Edition) (Second Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE TO READOPT AND CONTINUE CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, REGARDING A JUVENILE CURFEW IN CONFORMITY WITH SECTION 370.002 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.B.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.036 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcels 15) (First Reading]This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.036 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND • MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY;� AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *8.B.2. Consider an ordinance determining the public necessity for the acauisition of a fee simple interest in a 0.067 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 14) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.036 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION ;OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED • PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 8.C.1. Consider an ordinance amending the zoning on 17.78 acres of land (Round Rock Express) to include the PV District (Palm Valley Overlay). (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract lies immediately east of the Dell Diamond Tract. On September 26, 2002, this 17.78 acre tract was proposed to be zoned C-1 (General Commercial) with Palm Valley Overlay district zoning. The ordinance prepared for the zoning application inadvertently E 189 NOVEMBER 23, 2004 omitted the language adopting the Palm Valley Overlay district. With City Council adoption, the tract was zoned C-1 only. The proposed ordinance serves as a "correcting" ordinance to reflect the inclusion of the Palm Valley Overlay zoning district. With the adoption of the proposed ordinance, the tract will be zoned C-1-13V District (General Commercial with Palm Valley Overlay). The Planning and Zoning Commission held a public hearing on August 28, 2002 and recommended the adoption of C-1 with:Palm Valley Overlay district zoning for this tract. ORDINANCE NO. AN ORDINANCE CORRECTING ORDINANCE NO. Z-02-09-26-10D3 TO INCLUDE THE ADDITION OF THE PV (PALM VALLEY OVERLAY) DISTRICT WHICH WAS OMITTED ON THE ORIGINAL ZONING OF 17.78 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND ZONE AS DISTRICT C-1-PV (GENERAL COMMERCIAL WITH THE PALM VALLEY OVERLAY DISTRICT). MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading and adopt the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.C.2. Consider an ordinance to rezone 1.106 acres of land from District PUD (Planned Unit Development) to District PF-1 (Public Facilities - Low Intensity). (305 W. Anderson Avenue) (First Reading) Jim Stendebach, Planning,and Community Development • Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.106 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD (PLANNED UNIT DEVELOPMENT) TO DISTRICT PF-1 (PUBLIC FACILITIES- LOW INTENSITY). MOTION: Councilmember Knight moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. 190 NOVEMBER 23, 200H VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor"Maxwell Nays: None. ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading and • adopt the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe May Maxwell Nays: None ACTION: The motion carried unanimously. 8.C.3. Consider an ordinance to rezone 0.20 acres of land from District SF-2 (Single Family-Standard Lot) to District C-1 (General Commercial). (105 Nash Street) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDI • NG THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(6), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.20 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, KNOWN, AS LOT I, 'B&M SUBDIVISION,, IN ROUND .ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None. ' ACTION: The motion carried unanimously. MOTION: Councilmember Nielson moved to dispense with the second reading and adopt the ordinance with the unanimous consent of all the Councilmembers present. • Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None'.'. ACTION: The motion carried unanimously. NOVEMBER 23, 2004 8.C.4. Consider an ordinance amending Chapter 11, Section 11.301, Zoning, Round Rock Code of Ordinances to adopt fees for site plan review and zoning applications. (First Reading) This item was withdrawn from the agenda at the request of staff. *8.D.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Section 3-C-1. (First Reading) This item was approved under the consent agenda. Stop signs will be placed on Valerian Trail at Doublecreek Drive; on Sweetgum Lane at Doublecreek Drive; on Ft. Thomas Place at Sweetgum Lane; and on Ft. Thomas Place at Valerian Trail. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: VALERIAN TRAIL AT DOUBLE CREEK DRIVE, SWEETGUM LANE AT DOUBLE CREEK DRIVE, FT. THOMAS PLACE AT SWEEETGUM LANE, AND FT. THOMAS PLACE AT VALERIAN TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.D.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mavfield Ranch Subdivision, Section 6 and Phase 2-A. (First Reading) This item was approved under the consent agenda. Stop signs will be placed on Vallarata Lane at Blue Ridge Drive; on Sky Lane at Blue Ridge Drive; on Sky Lane at Aqua Lane; on Aqua Lane at Vallarata Lane; on Aqua Lane at Derby Trail; on Derby Trail at • Lagoona Drive; on Octavia Lane at Lagoona Drive; on Octavia Lane at Vallarata Lane; on Vallarata Lane at Lagoona Drive; on Dolomite Trail at Pine Needle Circle; on Pine Needle Cove at Pine Needle Circle; on Fossilwood Way at Pine Needle Circle; and on Pine Needle Circle at Mayfield Ranch Boulevard. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: VALLARATA LANE AT BLUE RIDGE DRIVE, SKY LANE AT BLUE RIDGE DRIVE, SKY LANE AT AQUA LANE, AQUA LANE AT VALLARATA LANE, AQUA LANE AT DERBY TRAIL, DERBY TRAIL AT LAGOONA DRIVE, OCTAVIA LANE AT LAGOONA DRIVE, OCTAVIA LANE AT VALLARATA LANE, VALLARATA LANE AT LAGOONA DRIVE, DOLOMITE TRAIL AT PINE NEEDLE CIRCLE, PINE NEEDLE COVE AT PINE NEEDLE CIRCLE, FOSSILWOOD WAY AT PINE NEEDLE CIRCLE, AND PINE NEEDLE CIRCLE AT MAYFIELD RANCH BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.D.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase,-.3, Section 4. (First Reading) • This item was approved under the consent agenda. Stop signs will be placed on East and Westbound Castle Rock Drive at Mayfield Ranch Boulevard; on Cap Rock Trail at Mayfield Ranch Boulevard; and on Tapado Canyon Trail at Cap Rock Trail. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: CASTLE ROCK DRIVE AT MAYFIELD RANCH BOULEVARD, CAP ROCK TRAIL AT MAYFIELD RANCH BOULEVARD, AND TAPADO CANYON TRAIL AT CAP ROCK TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 192 NOVEMBER 23, 2004 *8.D.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ashton Oaks Subdivision Section 1 (First Reading) This item was approved under the consent agenda. Stop signs will be placed on Ashton Oaks Boulevard at A.W. Grimes Boulevard; on Ashton Oaks Boulevard at Creek Ridge Lane; on Creek Ridge Lane at Creek Crest Way; on Creek Ridge Lane at Creek Ledge Place; and on Creek Crest Way at Creek Ledge Place. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: ASHTON OAKS BOULEVARD AT A.W. GRIMES BOULEVARD, ASHTON OAKS BOULEVARD AT CREEK RIDGE LANE, CREEK RIDGE LANE AT CREEK CREST WAY, CREEK RIDGE LANE'AT CREEK LEDGE PLACE, AND CREEK CREST WAY AT CREEK LEDGE PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.D.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma West Subdivision, Section 1. (First Reading) This item was approved under the consent agenda. Stop signs will be placed on Alexander Valley Cove at Rusk Road and on Porter Creek Cove at Rusk Road. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS:, ALEXANDER VALLEY COVE AT RUSK ROAD, AND PORTER CREEK COVE AT RUSK -ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with Robert Lee Burnell for the purchase of 0.443 acres of right-of-way for the Red Bud Lane (CR 122) Project. Steve Sheets, City Attorney made the staff presentation. The purchase of 0.443 acres for right-of-way from Robert Lee Burnell is for the widening and improvement of Red Bud Lane (CR 122) Project. This project will increase mobility to the Southeast quadrant of the City. The appraised value for both of these parcels was $48,453.00. RESOLUTION NO. WHEREAS, the City desires to purchase two tracts of land totaling 0.441 acres for additional right-of-way for the Red Bud.Lane (CR 122) Project, and WHEREAS, Robert Lee Burnell,; the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on. behalf of the City a Real Estate Contract with Robert Lee: Burnell, for the purchase of the above described property, a copy' of said Real Estate Contract, being attached hereto as Exhibit "A" and • incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 193 NOVEMBER 23, 200q MOTION Councilmember Nielson moved to adopt the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson CouncilmemberKnight Councilmember�Rlaode Councilmember Coe- Mayor oeMayor Pro-tem McGraw Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 9.B.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the Lower Colorado River Authority for an outdoor recreation grant for the Greater Lake Creek Park. Vanessa Shrauner, Administrative Assistant, Parks and Recreation Department made the staff presentation for this item during the public hearing. RESOLUTION NO. WHEREAS, Lower Colorado River Authority (LCRA) has grant funds available to cities in LCRA's service area for local parks and recreation projects, and WHEREAS, grant funds are available through the Partnership in Parks Program for the development of the Greater Lake Creek Park ("Park"), and WHEREAS, the City Council wishes to make application for grant funds to provide financial assistance for the development of the Park, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1: The City hereby certifies that it is eligible to receive assistance under the Program. Section 2: The City hereby authorizes and directs its mayor, Nyle Maxwell, to act for • the City in dealing with the LCRA for the purpose of the Program. Section 3: The City hereby authorizes and directs the Mayor to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to adopt the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight ;. Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.B.2. Consider a resolution authorizing the Mayor to execute an Urban Forestry Partnership Grant Program Grant Agreement with the Texas Forest Service to continue to fund an arborist position. Sharon Prete, Parks and Recreation Director made the staff presentation. The Parks and Recreation Department (PARD) have received several grants from the Texas Forest Service over the years. Last year, PARD received a grant that 194 NOVEMBER 23, 200q allowed the Forestry Division to hire an arborist. This service has-been extremely valuable to PARD and staff would like to continue the program. The arborist will continue to implement and develop numerous programs such as: street trees planting in neighborhoods, street tree routine maintenance, and educational programs in our schools. Additionally the arborist will continue to lend support by assuming some duties currently performed by the Forestry Manager. • RESOLUTION NO. WHEREAS, the Texas Forest Service .has grant funds available through the Urban Forestry Partnership Grant Program, and WHEREAS, the City Council wishes to enter into an Urban Forestry Partnership Grant Program Agreement for the available grant funds for the continued funding of an Arborist, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Urban Forestry Partnership Grant Program Agreement, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to adopt the resolution. Councilmember • Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None ACTION: The motion carried unanimously. 9.C.1. Consider a resolution adopting an Access Control Manual for use on State Highways. Tom Martin, Director of Transportation Services made the staff presentation. In conjunction with legislation from the last Legislative Session, the State Transportation Code was revised to allow municipalities to be responsible for the permitting of access control within their boundaries, providing the municipality had developed an Access Control Manual consistent with the State's policies. With the adoption of this resolution and acceptance of • the City's Access Manual for State Highways, the City will be able to issue permits for driveways on State Highways in conjunction with the City's development process. RESOLUTION NO. WHEREAS, pursuant to Senate Bill 361, adopted in September 2003, the Texas' Transportation Code was amended to allow municipalities to assume responsibility for issuing permits for access connections to state highways within the municipality's jurisdiction, and f NOVEMBER 23, 2004 WHEREAS, the City of Round Rock wishes to formally adopt an Access Management Manual for State Highways regarding the issuance of permits for driveways on state highways in conjunction with the City's development process, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Access Management Manual for State Highways, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares'-,that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-Tem McGraw moved to adopt the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.C.2. Consider a resolution authorizing the Mayor to execute a Contract for • Engineering Services with PBS&J. Inc. for Phase II engineering services for the design of the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive. Tom Martin, Director of Transportation Services made the staff presentation. This roadway extension will provide a new north-south crossing of Brushy Creek, which wil[improve access to Round Rock Hospital and Round Rock High School and provide access for emergency services. The extension of Creek Bend Boulevard is a 2001 G.O. Bond project. PBS&J completed Phase I engineering for construction of a 4-lane divided arterial from Creek Bend Circle to Wyoming Springs Drive. The arterial will include a bridge that crosses Brushy Creek. PBS&J, Inc. has agreed to complete the Phase II engineering, which includes preparing plans specifications and estimates, and bidding services at a cost of $728,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for Phase II engineering services for the design of the extension of Creek Bend Boulevard from Creek • Bend Circle to Wyoming Springs Drive, and WHEREAS, PBS&J has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with PBS&J, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with PBS&J for Phase II engineering services for the design of the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 19 . NOVEMBER 23, 200:y upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to adopt the resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor'. ayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor.Maxwell Nays: None. ACTION: The motion carried unanimously. 9.C.3. Consider a resolution authorizing the Mayor to execute a contract with Austin Engineering Co., Inc. for the construction of US 79 culverts. Tom Martin, Transportation Services Director made the staff presentation. The US 79 Culvert Project is to provide positive drainage to alleviate an existing flooding problem at US 79, at FM 1460, as well as providing for new development north of US 79. This project will consist of the installation of three 60-inch culverts, which will be bored under the roadway section, with concrete headwalls, as well as other miscellaneous work including stone gabions and rock riprap. • This project will provide a reduction in the costs for the A.W. Grimes Boulevard by significantly reducing the size of drainage structures. The HEB development is also prepared to participate in the cost of right-of-way acquisition for this project, which would allow the relocation of the drainage from the existing neighborhood to west of development. Five bids were received on November 2, 2004 for this project. Staff reviewed the bid recommendation from the Design Engineer Carter & Burgess for this project and recommended award of the contract to Austin Engineering Co., Inc. in the amount of $762,770.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of three drainage culverts along US 79,'and WHEREAS, Austin Engineering Co., Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Engineering Co., Inc., • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor-is hereby authorized and directed to execute on behalf of the City a contract with Austin Engineering Co., Inc. for the 'construction of three drainage culverts along US 79. The City Council hereby finds and declares that written notice of the. date, hour, place and subject of the meeting at'which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were' discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. k f 19 .7 t. NOVEMBER 23, 200q _ NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary. MOTION: Councilmember Rhode moved to adopt the resolution. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9.D.1. Consider a resolution approving a reimbursement to Villages at Warner Ranch PUD, L.P. for the cost of oversizing water mains associated with the Warner Ranch development. (within future Thibodeaux Drive ROW between Jazz Street and Warner Ranch Drive) This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, §8.610(4) Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, Villages at Warner Ranch PUD, L.P. has submitted a reimbursement request for the oversizing of water mains associated with the Warner Ranch development (within future • Thibodeaux Drive right-of-way between Jazz Street and Warner Ranch Drive), and WHEREAS, the City Council wishes to approve said reimbursement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the reimbursement to Villages at Warner Ranch PUD, L.P. of $3,567.20, which is the cost of oversizing water mains associated with Warner Ranch 1B development (within future Thibodeaux Drive right-of-way between Jazz Street and Warner Ranch Drive). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 23rd day of November, 2004. *9.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Baker-Aicklen &Associates, Inc. For the G.O. Bond Downtown Streets Phase I Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Baker,-Aicklen & Associates, Inc..µfor the G.O. Bond Downtown Streets, Phase 1 Project, and • WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services for a change in the scope of services and to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Baker-Aicklen &Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Engineering Services with Baker- Aicklen & Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 19 NOVEMBER 23, 200q upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. *9.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp Dresser & McKee Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Camp Dresser and McKee, Inc. for the design of the Water Treatment Plant's Off-Site Wastewater Line Improvements, and WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering.Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Camp Dresser and McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to. the Agreement for Engineering Services with Camp Dresser and McKee, Inc., a copy' of. same' being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public.as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. 9.E.2. Consider a resolution authorizing the Mayor to execute a contract with Keystone Construction Inc. for the construction of the Stone Oak Booster Pump Station in • the Preserve at Stone Oak. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. The City has experienced low water pressure in the Preserve at Stone Oak Subdivision north of FM 1431. The water pressure problems have been evident to the residents living in the higher elevation areas of the subdivision. This booster pump station will improve the water system pressure and fire flow in this area.-A booster pump station with a hydro-pneumatic tank will be designed and built to pump from the existing 1431 standpipe and increase the water pressure for approximately 720 lots in the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions on the northwest side of the City. Six contractors were notified about this project. One bid was received and opened for this project on October 26, 2004. Due to the short time frame and due to many of the contractors being very busy with other projects at this time; the bid was within ten percent of the engineer's estimate; and the project must be completed prior to summer of 2005, • staff recommended that the contract for the construction of the Stone Oak Booster Pump Station be awarded to Keystone Construction at a cost of $482,150.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Stone Oak Booster Pump Station in the Preserve at Stone Oak, and WHEREAS, while only one bid was received from Keystone Construction, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Keystone Construction, Inc., Now Therefore 19 .9 NOVEMBER 23 200 BE IT RESOLVED BY THE COUNCIL OF THE CITY-OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Keystone Construction, Inc. for the construction of the Stone Oak Booster Pump Station in the Preserve at Stone Oak. The City Council hereby finds and declares. that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 23rd day of November 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to adopt the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.F.1. Consider a resolution authorizing the Mayor to execute an Agreement Releasing and Accepting Extraterritorial Jurisdiction Property by and between the City of • Round Rock, Texas and the City of Georgetown, Texas. Jim Stendebach, Planning and Community Development Planning made the staff presentation. This is the first of three agreements with Georgetown, Hutto and Pflugerville to determine the ultimate Round Rock boundary with all three cities. This agreement will exchange existing extraterritorial jurisdiction (ETJ) between Round Rock and Georgetown. The areas have been agreed by staff of both cities and exclude "dispute" ETJ, which is covered by a separate agreement. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to release certain real property from its extraterritorial jurisdiction ("ETJ"), and relinquish all ETJ rights in said property to the City of Georgetown, and WHEREAS, the City of Georgetown wishes to release certain real property from its extraterritorial jurisdiction ("ETJ"), and relinquish all ETJ rights in said property to the City of Round Rock, and WHEREAS, the City of Round Rock wishes to enter into an Agreement Releasing and Accepting Extraterritorial Jurisdiction Property by and between the City of Round Rock, Texas and the City of Georgetown, Texas, Now Therefore ,R.. BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City. said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 200 NOVEMBER 23, 2004 MOTION: Councilmember Rhode moved to adopt the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None' ACTION: The motion carried unanimously. 9.F.2. Consider a resolution authorizing the Mayor to execute an Agreement Regarding the establishment of the Extraterritorial Jurisdiction Boundary between the City of Round Rock and the City of Georgetown. Jim Stendebach, Planning and Community Development Planning made the staffpr;,esentation. This is the first of three agreements with Georgetown, Hutto and Pflugerville to determine the ultimate Round Rock boundary with all three cities. This agreement will establish the ultimate extraterritorial jurisdiction (ETJ) boundary between Round Rock and Georgetown. The areas are based on drainage basins and transportation needs. The boundaries follow property lines wherever possible. Chandler Road will be entirely within the Round Rock ETJ and Westinghouse Road will be entirely within the Georgetown ETJ. This"agreement makes it possible to develop long term plans for utility, transportation, public facilities and public safety. • RESOLUTION NO. WHEREAS, the City of Round Rock and the City of Georgetown wish to establish extraterritorial jurisdiction ("ETJ") property boundaries between the two municipalities, and WHEREAS, the City of Round Rock wishes to enter into an Agreement Regarding Extraterritorial Jurisdiction Boundary between the City of Round Rock, Texas and the City of Georgetown, Texas to establish said EJT boundaries, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such. meeting was open to the public as required' by law at all. times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of November, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Nielson moved to adopt the resolution. Mayor Pro-Tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None. ACTION: The motion carried unanimously. A 01 NOVEMBER 23, 200q L 10.A1. Consider the Council's adproval of the Mayors' appointment of officers to the Round Rock Transportation System Development Corporation Board of Directors. Mayor Maxwell reported that he'has appointed,himself as President, Ruth Koughan as Vice-President, and Larry Hathorn as Treasurer. MOTION: Councilmember Knight moved to accept the Mayors' appointment by • acclamation. Mayor Pro-Tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Councilmember Rhode encouraged all citizens to vote in the December 18 Special Election to fill Place 3 on the Council. He added that a debate of the candidates would be held on December 7 at 7:00 p.m. in the Council Chamber. ADJOURNMENT: There being no further business, the meeting adjourned at 8:02 p.m. • R p ctfully Submitted Christine R. Martinez, City Secretary • 202 DECEMBER 1; 200q The Round Rock City Council met in Work Session and on Wednesday, December 1, 2004 at the McConico Building Community Room, First Floor, 301 W. Bagdad. CALL WORK SESSION TO ORDER - 5:30 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. • Also present were the following staff members: City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Chief of Police Bryan Williams, Parks and Recreation Department Sharon Prete, Chief of Public Works Operations Tom Word, Communications Directors Will Hampton, Library Director Dale Ricklefs, and Rick Atkins, Assistant Parks and Recreation Director. WORK SESSION: 3.A. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for the December 2, 2004 City Council meeting. Mayor Maxwell outlined the December 2, 2004 agenda pausing for responses from staff and Council questions regarding the following items. Item 5A1, process to review the City's development review procedures, fees for site plan review and zoning applications, and process for hiring architects and engineers. Mr. Nuse reported that Charlie Ayers of the Chamber of Commerce would be making the • presentation on the proposed process, which staff will review. Item 6A1, proposed Tree Protection and Preservation Ordinance. Staff noted that this is only a public hearing and that no action is required at this time by the Council. Item 8B6, adoption of the Design and Construction Standards (DACS). Mr. Nuse reported that a copy of the response would be provided to Council regarding the letter from the Homebuilders Association outlining their concerns regarding the DACS. Item 9F1, extending the program for license agreements for the placement of"Open House" signs in certain city owned public rights-of-ways. Mr. Nuse reported that this item has an expiration date of December 31, 2004, which requires action from the Council. 3.B. Consider a presentation and discussion on the Forest Creek Golf Course. David Kautz made the staff presentation. He briefly outlined the history of the golf course and the following points. • Forest Creek Golf Course has achieved the following goals for the City: • Provides an amenity for the city • Nearly $1 billion in tax base has developed around,the golf course • To date no property tax dollars have been used to support the course The golf course is at a turning point and some issues that need to be considered are: • The course has aged • Reinvestment is needed 2 0 3 DECEMBER 1, 2004. • Competition from new golf courses has become a big factor Mr. Kautz continued by giving an overview of the draft report concerning the valuation of Forest Creek Golf Club by Pr icewaterhous.eCoopers. The report contained research, analysis, and conclusions for staff's consideration. The analysis consisted of three components: A valuation of the subject property; an analysis of alternate operating • structures for the golf course; and a benchmarking and operations evaluation, concluding with an assessment of the various options available to the City. The executive report summarized their findings, which were based on their interviews, course assessments, golf industry experience and the industries current best practices. The report also included the final estimate of value and estimates of future financial performance. He outlined the executive summary, site description, golf course description, condition and routing plan, clubhouse and ancillary improvements description, and neighborhood description, regional and area analysis, golf industry trends, golf course competitors, cash flow summary benchmarks, revenue and expense comparables, comparable benchmarks, and golf course maintenance, and alternate operating structure analysis. Staff presented the following recommendation for Council's consideration and direction. • • Enter into a 5-year term with operator On Course Strategies Incorporate maintenance standard into the operating agreement • Reassess the city's risk alternative and negotiate management fees commensurate with those alternatives • Consider an inter-fund loan to the golf course to fund Capital improvements In addition, some issues that need to be addressed are to revisit the third party agreement, improve the publicity of the golf course, examine the level of improvements and repairs, and specifically, protect this investment. Mike Ussery of OnCourse Strategies noted that his main issues are the grill, bunkers, and flooding issue on hole No. 9. Don Harris 906 Walsh Lane, who utilizes Forest Creek, who was recognized by the Council noted that maintenance of a golf course is what makes a good course. 3.C. Consider a presentation and discussion on the City's Financial Management • Policy. Cindy Demers, Finance Director made the staff presentation. The City's relatively high reliance on sales tax as an operations funding source warrants a review of the financial policies surrounding the use of these sales tax funds. As a result of the City's continued and growing reliance on sales tax revenue to fund general operations, a formalized policy containing several interconnected financial management components is necessary to comprehensively manage and communicate both the short and long-term financial 204 DECEMBER 1, 2004 objectives of the City. The objectives of this policy are to provide a consistent,.long-term approach for the fiscal management of the City's operating funds to balance revenue requirements with the service needs of a growing population. Specifically, this policy is intended to help the City avoid the risk of a combined high property tax rate and a high reliance on sales tax. Ms. Demers outlined the following points. Three likely Dell sales tax scenarios going into the future are: • • Dell sales tax will continue to grow faster than city sales tax • Dell sales tax growth will equal that of the city • Dell sales tax goes lower Key areas of policy • Sales tax • Fund balance (reserve) • Property tax rate • Operational budgeting Sales Tax Component • Cap and reduce General Fund operational reliance on Dell • Excess collections from Dell used for priority non-recurring programs - Fund capital or one-time expenditures • - Retire existing long-tem general debt • Funds budgeted or earmarked within following fiscal year of collection Cap Dell growth-2% (this is most aggressive approach) • Dell sales tax growth for general fund operations limited to 2% over prior year budgeted collections • Dell sales tax revenue used for operations limited to no more than 50% of total General Fund sales tax revenue Limit Dell to 50% for operations • Dell sales tax revenue used for operations limited to no more than 50% of total general fund sales tax revenue. Dell 1% Below City Sales Tax (Staff's recommendation) • Dell sales tax growth for general fund operations limited to no less than 1% • below estimated other city sales tax collections • Dell sales tax revenue used for operations limited to no more than 50% of total General fund sales tax revenue. Expected impact of the policy • Less reliance on dell component of sales tax for operations • Excess funds used to reduce borrowing thus reducing or minimizing future increases to debt component. _ t f 205 DECEMBER 1, 2004 FY 2006 Assumptions • Financial management policy adopted 1% • Overall sales tax increase for operations 3.5% • City other than dell sales tax increase 4.0% • Dell sales tax increase 3.0% • Dell overall increase over prior year • 2006 Results • At effective tax rate - approximately $1.9 million available for new operational priorities • $900,000 transfer to self-financed construction for strategic projects Lona-term results • Dell % of sales tax for operations reduced • Property tax rate managed within 3% of effective tax rate; including impact of additional issuance of GO Bonds expected in 2006-7 • $4.3 million transferred for strategic projects between 06-08 Proiect Prioritization • Strategic priority projects. • City Manager recommendation to Council • • Preliminary estimate - $240 million unfounded capital and strategic projects through 2013 Immediate strategic proiects • Fire station • Fire truck • Golf course improvements • Future police needs The Council and staff discussed the points and options that were presented thoroughly. In conclusion, Ms. Demers noted that at the direction of the Council staff could bring back the policy for adoption. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:53 p.m. • Re ectfully submitted, Christine R. Martinez, City Secretary 206 DECEMBER 2, 2004 The Round Rock City Council met in Regular Session on Thursday, December 2, 2004, in the City Council Chamber, 221 E. Main Street. PLEDGE OF ALLEGIANCE Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott • Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Rich Beard, 600 Round Rock West Drive, spoke on the Benefit Frosty Walk.on December 18. Harry Savio, 7952 Anderson Square, Austin representing the Home Builders Association relayed the Associations concern regarding the Design and Construction Standards.' Pam Drawbaugh, 1208 Sam Bass Road, asked the Council to consider favorably the extension of the program for Open House Signs for every weekend. PRESENTATIONS: 5.A.1. Consider a presentation on a proposed process to review the City's • development review procedures, proposed fees for site plan review and zoning applications, and the process for hiring architects and engineers. Jim Nuse, City Manager made the staff presentation. As part of the City's efforts at continuous improvement, staff is recommending creating a process, in conjunction with the City's economic development partners at the Chamber of Commerce, to review our development review procedures, proposed fees related to development, and the City's process for hiring architects and engineers. Initially, staff believes that a survey of the City's customers would help identify strengths and weaknesses as well as any problems, real or perceived, with the processes. In preliminary discussions with chamber representatives, staff thinks that hiring a consultant to assist with the development and administration of the survey, as well as facilitate future discussions, may be in order. A thorough review and continuous improvement of the development and professional services selection processes will enhance The City's business • recruitment and retention efforts. Charlie Ayers of the Chamber of Commerce outlined the two-phase strategy, which is to survey development to engage parties interested and have focus groups to get input on how to sharpen the system. PUBLIC HEARINGS: 6.A.1. Consider public testimony regarding the proposed Tree Protection and Preservation Ordinance. Emsud Horozovic, Forest Manager made the staff presentation. O 7 DECEMBER 2 2004 This is a revision of the existing, which was insufficient to meet various development and tree protection needs of the City. Since May 2003, four departments worked on revising the existing Tree Protection Ordinance. The expanded document provides details, clarification androcesses related to development, tree removal preservation p p , p tion and protection as well as tree mitigation. A companion document, Tree Technical Manual: Standards and • Specification, was developed to standardize tree surveys, protection methods, and tree rereplacements. An Open House was held on November lothand wa P ps attended by 25 people from the development community and the public. Comments from the Open House were gathered and answers sent to all attendees. A public forum was also held on November 17tH Mr. Horozovic outlined the following points as to why the tree ordinance was being changed. • Clarify rules and processes • Balance protection of trees and development needs • Provide an objective, standardized method for preserving trees • Establish published standards for tree protection and preservation • Address repeated public, developers, and staff concerns He also outlined the following points if the current ordinance was not changed. • Big trees will continue to be inadequately protected • Excessive replacement requirements will continue • Continue to have inconsistent application on which protected trees are kept or removed during the various development processes • • Continued heavy demand on staff time, resulting in slower service. The new ordinance will address Monarch trees and Champion Live Oak. Mr. Horozovic continued by explaining the following: • Tree Removal Permitting process • Comparison of Existing and Revised Ordinances for: - Platting Process - Site Plan - Greater than 15,000 square feet - Site Plan —Undeveloped commercial Lots less than 15,000 square feet - Individual Permitting Process - All developed residential lots (SF-1, SF-2, MH, TF) and commercial lots smaller than 15,000 square feet - Individual Permitting Process - Undeveloped Residential Lots (SF-1, SF-2, MH, TF) Residential Building Permit Mayor Maxwell opened the public hearing. Harry Savio, 7952 Anderson Square, Austin, outlined concerns that he provided to the Council and staff in a letter dated November 22 from the Home Builders Association. John Moman, 1701 Johnson Way, noted that he was in favor of the regulations but expressed concern on the replacement costs. He added that some type of incentive would be • beneficial for a better design of the tract. The Council and staff discussed several aspects of the new ordinance. Mayor Maxwell asked for a shorter timeline to streamline the processes. There beingno further testimony, the public hearing was closed. Y� P 9 CONSENT AGENDA: 2 0 ,8 DECEMBER 2, 2004 The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *8.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.072 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate • eminent domain proceedings. (Parcel 13) (First Reading) *8.13.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Section 3-C-1. (Second Reading) *8.13.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mayfield Ranch Subdivision, Section 6 and Phase 2-A. (Second Reading) *8.13.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase 3, Section 4. (Second Reading) *8.13.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ashton Oaks Subdivision, Section 1. (Second Reading) • *8.13.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma West Subdivision, Section 1. (Second Reading) *9.A.1. Consider a resolution authorizing the closing of portions of Main Street and Lampasas.Street on December 10, 2004 for Christmas Family Night. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None, ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinances for item 8A1 and to adopt the ordinance with the unanimous consent of all the • Councilmembers present. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried-unanimously. 13` 2 09 DECEMBER 2, 2004 ORDINANCES: *8.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.072 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 13) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.072 ACRE; GIVING. NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *8.B.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Round Rock Ranch Subdivision, Phase 1, Section 3-C-1. (Second Reading) This item was approved under the consent agenda. This will place stop signs at the following intersections: on Valerian Trail at Doublecreek Drive, on Sweetgum Lane at Doublecreek Drive, on Ft. Thomas Place at Sweetgum Lane, and on Ft. Thomas Place at Valerian Trail, • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: VALERIAN TRAIL AT DOUBLE CREEK DRIVE, SWEETGUM LANE AT DOUBLE CREEK DRIVE, FT. THOMAS PLACE AT SWEEETGUM LANE, AND FT. THOMAS PLACE AT VALERIAN TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.B.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mayfield Ranch Subdivision, Section 6 and Phase 2-A. (Second Reading) This item was approved under the consent agenda. This will place stop signs at the following intersections: on Vallarata Lane at Blue Ridge Drive, on Sky Lane at Blue Ridge Drive, on Sky Lane at Aqua Lane, on Aqua Lane at Vallarata Lane, on Aqua Lane at Derby Trail, on Derby Trail at Lagoona Drive, on Octavia Lane at Lagoona Drive, on Octavia Lane at Vallarata Lane, on Vallarata Lane at Lagoona Drive, on Dolomite Trail at Pine Needle Circle, on Pine Needle Cove at Pine Needle Circle, on Fossilwood Way at Pine Needle Circle, and on • Pine Needle Circle at Mayfield Ranch Boulevard. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: VALLARATA LANE AT BLUE RIDGE DRIVE, SKY LANE AT BLUE RIDGE DRIVE, SKY LANE AT AQUA LANE, AQUA LANE AT VALLARATA LANE, AQUA LANE AT DERBY TRAIL, DERBY TRAIL AT LAGOONA DRIVE, OCTAVIA LANE AT LAGOONA DRIVE, OCTAVIA LANE AT VALLARATA LANE, VALLARATA LANE AT LAGOONA DRIVE, DOLOMITE TRAIL AT PINE NEEDLE CIRCLE, PINE NEEDLE COVE AT PINE NEEDLE CIRCLE, FOSSILWOOD WAY AT PINE NEEDLE CIRCLE, AND PINE NEEDLE CIRCLE AT MAYFIELD RANCH BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 21 .0 DECEMBER 2, 2004 *8.B.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Preserve at Stone Oak Subdivision, Phase 3 Section 4 (Second Reading) This item was approved under the consent agenda. This will place stop signs at the following intersections: on East and Westbound Castle Rock Drive at Mayfield Ranch Boulevard, on Cap Rock Trail at Mayfield Ranch Boulevard, and on Tapado Canyon Trail at Cap Rock Trail. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: CASTLE ROCK DRIVE AT MAYFIELD RANCH BOULEVARD, CAP ROCK TRAIL AT MAYFIELD RANCH BOULEVARD, AND TAPADO CANYON TRAIL AT CAP ROCK TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.B.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Ashton Oaks Subdivision, Section 1. (Second Reading) This item was approved under the consent agenda. This will place stop signs at the following intersections: on Ashton Oaks Boulevard at A.W. Grimes Boulevard, on Ashton Oaks Boulevard at Creek Ridge Lane, on Creek Ridge Lane at Creek Crest Way, on Creek Ridge Lane at Creek Ledge Place, on Creek Crest Way at Creek Ledge Place. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING • INTERSECTIONS AS STOP INTERSECTIONS: ASHTON OAKS BOULEVARD AT A.W. GRIMES BOULEVARD, ASHTON OAKS BOULEVARD AT CREEK RIDGE LANE, CREEK RIDGE LANE AT CREEK CREST WAY, CREEK RIDGE LANE AT CREEK LEDGE PLACE, AND CREEK CREST WAY AT CREEK LEDGE PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.- *8.B.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma West Subdivision, Section 1. (Second Reading) This item was approved under the consent agenda. This will place stop signs at the following intersections: on Alexander Valley Cove at Rusk Road, and on Porter Creek Cove at Rusk Road. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: ALEXANDER VALLEY COVE AT RUSK ROAD, AND PORTER CREEK COVE AT RUSK ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 8.13.6. Consider an ordinance adopting the Design and Construction Standards (DACS). (First Reading) Tom Word, Chief of Public Works Operations made the staff presentation. As part of the adoption of the revised Subdivision Ordinance, the Public Works • Departments have created the City of Round Rock Design and Construction Standards (DACS) to provide supporting design criteria. In the past, the City of Round Rock has relied on the City of Austin's Design Criteria Manuals. As the City has grown, it is more appropriate for Round Rock to adopt its own standards, which will allow for a more consistent process and procedures. The DACS parallel the City of Austin.Standards as much as practicable. This consistency helps minimize confusion and simplify development through out the region. 211 DECEMBER 2;'2004 Two focus group meetings were held earlier this year with several members of the local engineering community. Ano open house was held in November. (Several of the more significant changes in the DACS are a direct result of changes in the revised Subdivision Ordinance. There were several focus groups held with- members of the development community regarding the revised Subdivision Ordinance). • Mr. Word summarized staff's response to the concerns listed in Mr. Savio's letter dated November 22 regarding the DACS. ORDINANCE NO. AN ORDINANCE ADOPTING THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - GUIDELINES," THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - DRAINAGE CRITERIA MANUAL," THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - STANDARDS AND SPECIFICATIONS MANUAL,"THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - TRANSPORTATION MANUAL," AND THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - UTILITIES CRITERIA MANUAL," (COLLECTIVELY, THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS"); AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE nn--__ 17W MOTION: Oauncrimeber ved toodohe ord� an nce � G !�secant] th Mori; VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *9.A.1. Consider a resolution authorizing the closing of portions of Main Street and Lampasas Street on December 10. 2004 for Christmas Family Night. This item was approved under the consent agenda. This is the 25th Annual Christmas Family Night. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of Round Rock has requested that East Main Street from Mays Street to Sheppard Street, and Lampasas Street from the City parking garage north of Bagdad Street to the alley north of East Main Street be closed from 3:00 p.m. to midnight on December 10, 2004, and that East Main Street from Sheppard Street to Burnet Street be closed from 4:00 p.m. to midnight on December 10, 2004 for Christmas Family Night, and WHEREAS, the Council wishes to grant such request, and WHEREAS, if inclement weather on December 10, 2004 causes the Christmas Family Night to be postponed, then the aforesaid streets are to be closed during the same times on • December 17, 2004, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That East Main Street and Lampasas Street be closed as set forth above. The City Council hereby fihds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. 9.B.1. Consider a resolution authorizing the City Manager to issue a purchase order to CASCO Industries, Inc. for the purchase of 56 Self-Containing Breathing Apparatus and 43 spare cylinders. David Smith, Interim Fire Chief made the staff presentation. On i 212 DECEMBER 2, 2004 Tuesday, November 9, 2004 one bid was received for 56 Self-Containing Breathing apparatus, (SCBA) and 43 spare cylinders. CASCO submitted a bid of $208,459.00. Staff recommended acceptance of the bid from CASCO. The new SCBA system has protection against chemical, biological, radiological, and nuclear (CBRN) Agents and an emergency breathing system for our firefighters. The new SCBA system is equipped with a positive Protection Chemical shield membrane that covers the diaphragm, preventing against the • permeation of Chemical, Biological, Radiological and Nuclear (CBRN) Agents. In addition, this system will have an emergency breathing system. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase 56 self-containing breathing apparatus and 43 spare cylinders for the Fire Department, and WHEREAS, while only one bid was received-from CASCO Industries, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of CASCO Industries, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of CASCO Industries, Inc. is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to CASCO Industries, Inc. for the purchase of 56 self-containing breathing apparatus and 43 spare cylinders for the Fire Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. • KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor'Maxwell Nays: None ACTION: The motion carried unanimously. 9.C.1. Consider a resolution authorizing the Mayor to execute a Right of Entry. Possession and Construction Easement for property to be used for the A.W. Grimes Boulevard Project. (M&M Equities Tract) Steve Sheets, City Attorney made the staff • presentation. This Right of Entry would provide improvement to traffic mobility in Round Rock. The cost is $745,000. Current appraised value is $695,374. The City's appraiser has estimated that if we go forward with condemnation, there will be an additional upward time value adjustment to the appraised value of approximately $30,000. RESOLUTION NO. WHEREAS, the City desires to acquire 4.00 acres of land for the A.W. Grimes roadway project, and 213 DECEMBER 2, 2004 WHEREAS, M&M Equities IV, Inc., the owners of the property ("Owners"), ! have agreed to allow possession of said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That , the Mayor is hereby authorized and directed to execute on behalf of the City a Right of Entry, Possession and Construction Easement with Owners, for the use of the above described property, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.D.1. Consider a resolution authorizing the Mayor to execute a Consent Agreement • with Highlands at Mayfield Ranch, Ltd. for the creation of Highlands at Mayfield Ranch Municipal Utility District. Jim Stendebach, Planning Director made the staff presentation. The Highlands at Mayfield Ranch has requested City consent to create a Municipal Utility District for a 345.79-acre tract of land in the northwest corner of our ETJ. The land is within the CCN of the City of Georgetown and wastewater will be provided by Williamson County. At its October 26, 2004 meeting, the Council approved a resolution authorizing the Mayor to execute a Consent Agreement, but with revised language regarding the negotiation of an agreement for the provision of fire service to the.proposed District. Counsel for the Developer has advised the Developer that statutory constraints prevent him from executing the Consent Agreement with the proposed revised language. The Developer is requesting that the Council reconsider its previous action and to approve the Consent Agreement with the original language regarding the provision of fire service. • RESOLUTION NO. WHEREAS, the Highlands at Mayfield Ranch, Ltd. ("Developer") is the owner of approximately 345.79 acres of land located within the extraterritorial jurisdiction of the City of Round Rock ("City"), and WHEREAS, Developer intends to develop the land as "Highlands at Mayfield Ranch" and has requested that the City consent to the creation of a Municipal Utility District ("MUD") for said land, and WHEREAS, the City Council considered this item at its meeting of October 26, 2004 and adopted Resolution No. R-04-10-26-15132 approving a consent agreement with modified language regarding the provision of fire protection service, and WHEREAS, the Developer's attorney advises that the modified language will not be acceptable to' the Texas Commission on Environmental Quality and the Developer has requested the Council to reconsider its previous action, and 214 DECEMBER 2, 2004 WHEREAS, the City wishes to enter into a Consent Agreement with the Developer regarding the creation of the MUD, Now Therefore BE IT RESOLVED BY THE COUNCIL,OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Consent Agreement with the Highlands .at Mayfield' Ranch, Ltd., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was.open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as • required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.E.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for Reclaimed Water Use at Old Settlers • Park Proiect. Tom Clark, Director of Utilities made the staff presentation. This is for professional services associated with the design and bidding phase for this project involving implementation of the use of reclaimed water at Old Settler's Park. Reclaimed water will be used to off set the need for additional water supplies. This project will consist of designing and constructing approximately 7,000 linear feet of 18" reclaimed waterline in Old Settler's Park. The cost of the contract is $100,045. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Reclaimed Water Use at Old Settlers Park Project, and . WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc. for the Reclaimed Water Use • at Old Settlers Park Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 2 .15 DECEMBER 2, 2004 MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.E.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with GSWW, Inc. for the I&I Flow Monitoring Study. Tom Clark, Director of Utilities made the staff presentation. Currently, the Lower Colorado River Authority (LCRA) provides an I&I credit to the City for the regional wastewater lines that are owned by the LCRA and that extend thru the City to the treatment plant. The results of this flow monitoring study will provide information to the City that will verify if the current LCRA credit for I&I is accurate. If the results of the study indicate that more I&I is entering the system than previously determined, then additional credit should be provided to the City; therefore, reducing treatment cost. Six velocity-depth wastewater flow monitors will be strategically placed at various • locations within the City's wastewater collection system for a 12-month period. The information obtained from these flow meters, along with City installed rain gauges, will allow the City to determine the effectiveness of the current Wastewater Collection System Inspection and Rehabilitation Program. The data will provide information to.,the City in order to evaluate the difference in the amount of flow during dry conditions versus wet conditions. As part of this study, the City staff will be trained by GSWW, Inc. on meter operation, maintenance, data collection, quality assdrance and evaluation, so that at the completion of this contract, City staff should be able to continue a flow monitoring program in-house on an as needed basis. The cost of the contract is $194,280. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the I&I Flow Monitoring Study, and WHEREAS, GSWW, Inc. has submitted a Contract for Engineering Services to provide said services, and =ti; WHEREAS, the City Council desires to enter into said contract with GSWW, Inc., Now • Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with GSWW, Inc. for the I&I Flow Monitoring Study, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas 216 DECEMBER 2, 2004 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.F.1. Consider a resolution establishing a program providing for license agreements to allow the placement of"Open House" signs in certain city owned public rights-of-way, Councilmember Knight disclosed that he will not be participating in the discussion for this item and will abstain on the vote due to a conflict of interest because his wife is a realtor. Jim Nuse, City Manager made the staff presentation. No signs are permitted in the City owned rights-of-way, except the new-home kiosk. The realtors believe that, due to the slow economy, limited access to the rights.-of-way are necessary for re-sales to compete with new homes. Members of the Real Estate Committee approached the City to request • `Open House' signs be permitted under the sign ordinance. In response to the Real Estate Committee's request, the Council approved Resolution R-04-06-24-17E3 on June 24, 2004. This resolution established a temporary program that allows realtors and homeowners to place Open House signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to existing homes offered for sale. This program contains a provision that unless the program is specifically extended by the City Council, the program and all license agreements entered into will expire on December 31, 2004. As of this date, 18 license agreements were purchased and 154 permit stickers were issued. The current sign ordinance is strictly enforced. Councilmember Coe noted that the Council has not received from the realtors statistics on the number of houses that have sold through an open house. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") prohibits the placement of signs in the public rights-of-way, and WHEREAS, the City recognizes that a need exists to direct prospective home buyers to "Open Houses" for existing homes offered for sale"within the City, and WHEREAS, on June 24, 20,04 by Resolution No. R-04-06-24-17E3, the City established a,temporary program whereby realtors and homeowners were allowed to place Open House signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to existing homes"offered for sale, and WHEREAS, the Council wishes to make-the temporary program permanent, and WHEREAS, City staff has developed a License Agreement for Open House Signs in City Rights-of-Way, which the Council wishes to approve, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 217 DECEMBER 2 2004 That there is hereby established a program whereby realtors and homeowners may place Open House signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to existing homes offered for sale, and IT IS FURTHER RESOLVED That the City Manager or his designee is hereby authorized and directed to execute on behalf of the City the approved licensee agreement forms for Open House signs with realtors and homeowners, a copy of same being attached hereto as Exhibit "A", and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution with the amendment to allow the Open House Signs every Saturday and Sunday from 12:00 noon to 6:00 and to extend this resolution to December 31, 2005. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Mayor Maxwell Nays: Councilmember Coe • Abstain: Councilmember Knight ACTION: The motion carried with 4 ayes, 1 nay, and 1 abstention. 9.F.2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with Round Rock Senior Citizens Foundation for Daffodil Days Festival. Nancy Yawn, Convention and Visitors Bureau DirectWreported that a presentation was made to the Council on September 9, 2004 regarding the Tourism Commission's recommendation to fund this event. Funds were approved in the Hotel Occupancy Tax Budget for this event. The Event Funding Agreement has been approved and signed by the Event Agency Officer. The cost of the agreement is $1,617. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and _fl ` WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a • request for event funding from the Round Rock Senior Citizens Foundation ("Agency") for the Daffodil Days Festival, and WHEREAS, the City Council hereby determines that the requested funds will be used for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 21 : DECEMBER 2, 2004 and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember • Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor'Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried'unanimously. 9.F.3. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with Round Rock Community Choir for 2004-2005 Concert Series. Nancy Yawn, Convention and Visitors Bureau Director reported that a presentation was made to the Council on September 9, 2004 regarding the Tourism Commission's recommendation to fund this event.. Funds were approved in the Hotel Occupancy Tax Budget for this event. The Event Funding Agreement has been approved and signed by the Event Agency Officer. The cost of the agreement is $10,000. Staff made a • presentation to the Council on September 9, 2004 on the Tourism Commission recommendation for event funding. The Tourism Commission reviewed the event sponsor applications on July 22, 2004. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Round Rock Community Choir ("Agency") for the 2004- 12005 Concert Series, and WHEREAS, the City Council hereby determines that the requested funds will be used for the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution;and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and.directed to execute on behalf of the City a • Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution;was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas 219 DECEMBER 20 2004 ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.F.4._ Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with Palm House Museum Association for Palm House Museum. Nancy Yawn, Convention and Visitors Bureau Director reported that a presentation was made to the Council on September 9, 2004 regarding the Tourism Commission's recommendation to fund this event. Funds were approved in the Hotel Occupancy Tax Budget for this event. The Event Funding Agreement has been approved and signed by the Event Agency Officer. The agreement is for $8,000. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund. community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Palm House Museum Association ("Agency") for the Palm House Museum, and : WHEREAS, the City Council hereby determines that the requested funds will be used for historical restoration and preservation projects and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. 4` NYLE MAXWELL, Mayor • City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell 220 DECEMBER 2, 2004 Nays: None ACTION: The motion carried unanimously. 9.F.5. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with Sam Bass Community Theatre Nancy Yawn, Convention and Visitors Bureau Director reported that a presentation was made to the Council on September 9, 2004 regarding the Tourism Commission's recommendation to fund this.event. Funds were approved in the Hotel Occupancy Tax Budget for this event. The Event Funding Agreement has been approved and signed by the Event Agency Officer. The agreement is for $9,000. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received -a request for event funding from the Sam Bass Theatre Association dba Sam Bass Community Theatre ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for the encouragement, promotion, improvement, and application of the arts; relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,- That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Co,unci,lmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.F.6. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with EI Amistad Club of Round Rock for Fiesta Amistad. Nancy Yawn, Convention and Visitors Bureau Director reported that a presentation was made to the Council on September 9, 2004 regarding the Tourism Commission's recommendation to fund this event. Funds were approved in the Hotel Occupancy Tax 2. 21; DECEMBER 2, 2004 Budget for this event. The Event Funding Agreement has been approved and signed by the Event Agency Officer. The agreement is for $4,000. . RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and • local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the EI Amistad Club of Round Rock ("Agency") for Fiesta Amistad, and WHEREAS, the City Council hereby determines that the requested funds will be used for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates to the area, and for the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED.BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004. KYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Coe moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode_ Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Councilmember Knight announced that he will be out of town for the December 16, 2004 Council meeting. • ADJOURNMENT: There being no further business, the meeting adjourned at 9:42 p.m. R pectfully Submitted,a Christine R. Martinez, City Secretary 222 DECEMBER 16, 2004 The Round Rock City Council met in Work Session and Regular Session on Thursday, December 16, 2004 in the City Council Chamber of City Hall, 221 E. Main Street. CALL WORK SESSION TO ORDER: Mayor Maxwell called the Work Session to order at 6:10 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Tom • Nielson and Councilmember Scot Knight were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A.1. Consider a presentation regarding land use opportunities in the vicinity of IH35 and Chandler Road. Joe Vining, Executive Director of Economic Development introduced Milo Burdette, Vice-President for Development, Barshop & Oles Company. Mr. Burdette gave an overview of a proposal for the front western tract at the northeast corner of IH-35 and Chandler Road. He added that Barshop & Oles have been working with Scott & White on issues the City brought up concerning the progress at that corner. Mr. Burdette outlined the following: • Projects they have completed in the past • New concept of an HEB as an anchor • The realignment of Oakmont - They will purchase the right-if-way for Oakmont and dedicate it to the City. - There will be a cost-sharing plan but not everything is under contract yet. ■ Concept plan/latest site plan that showed Oakmont in its proposed alignment ■ Proposed development and uses for the tract ■ Added Simon Chelsea and Scott & White are in support of this plan ■ This HEB is a new concept that will sell non-groceries items ■ Size of the HEB site is 1550.00 square feet and the adjacent area will have approximately 80-100 square feet shop space flexible to meet the market ■ Types of material to be used and architectural styles Points brought up by the Council were: ■ Location of the 30-40,000 square feet dedicated public area ■ Concerns on the future look of the roadway and how the water features and other features of the development will be affected when SH-130 is built. ■ Type of retail proposed for the strip center surrounding HEB ■ Major issue is mobility in that area after the development is completed. EXECUTIVE SESSION: 4.A. Executive Session as authorized by 8551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City • Council seeks to have locate in or near the City of Round Rock. The Council recessed to the Executive Chamber and entered into Executive Session at 6:53 p.m. The Executive Session was recessed at 7:15 p.m. and would reconvene at the end of the regular session. CALL REGULAR SESSION TO ORDER: Mayor Maxwell called the Regular Session to order at 7:20 p.m. PLEDGE OF ALLEGIANCE: 2. Z3 DECEMBER 16,'2004 Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson who arrived at item 14D1, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Scot Knight was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Linda Dunbar of the Texas Municipal League (TML) explained that the TML Intergovernmental Risk Pool's purpose is to serve the needs of cities by helping them reduce financial losses and manage the risks of operating their community. Since the City had a good year with their liability loss she presented Hassan Farhat, the City's Risk Manager with a refund check in the amount of$41,760.00. O'Barr Rost, 508 White Wing Way, expressed his concern on the proposed new regulations for the Tree Protection and Preservation. He asked the Council to table this item so it can be discussed further. PRESENTATIONS: 9.A.1. Consider a presentation on the Transportation Capital Improvement Program (TCIP) quarterly report. Tom Word, Chief of Public Works Operations made the staff • presentation. The TCIP is a three-year spending plan for improvements to major roads and arterials in the City. Funding for this plan is provided through the 1/2 cent sales tax established for the purpose of transportation improvements. Mr. Word gave the following report. ■ 1997 - Citizens Approve 1/2% Sales and Use'Tax Transportation System Development Corporation Formed ■ 1998 - Sales and Use Tax Effective January 1St ■ 1999 - Transportation Master Plan Adopted ■ 2004 - Updated Transportation Master Plan Adopted ■ Fiscal Year 1999 - Fiscal Year 2004 - Total Revenue: $131.68 million - Total Expenditures: $88.16 million - Total Committed: $43.52 million - Sales Tax Revenue for Fiscal Year 2004: $12.16 million ■ Leveraging Funding - 4B Funding - $118.2 million - State/Federal $253.5 million - Private - $3,50 million - County - $27.30 million • - Other - $ 1.70 million ■ Completed Transportation and Mobility Projects Forest Creek Drive, Phase I Project Cost: $656K Project Limits: West of Forest Ridge Subdivision to Forest Ridge Subdivision Double Creek Drive, Phase 2 Project Cost: $1.7M Project Limits: Double Creek Farms to MoKan Right-of-Way A.W. Grimes Boulevard, Phase 1 Project Cost: $14.9M Project Limits: Louis Henna Boulevard to Lake Creek 224 DECEMBER 16, 2004 Greenlawn Extension Project Cost: $4.4M Project Limits: Louis Henna Boulevard to IH-35 Frontage Road IH-35 Turnarounds Project Cost: $7.OM Project Limits: IH-35 Frontage Road at Louis Henna Boulevard and Hesters Crossing SH-45 Frontage Road and Riaht-of-Way Acauisition Project Cost: $31.3M Project Limits: Quick Hill Road to Donnell Drive South Mays Street Improvements Project Cost: $4.98M Project Limits: Gattis School Road and Dell Way Traffic Signals Project Cost: $800K Project Limits: Gattis School Road and Red Bud, Gattis School Road and High Country, FM3406 and Plantation, Hesters Crossing and Rawhide, N. Mays and Texas Avenue, N. Mays/Greenhill and Old Settlers Boulevard. US 79 Project Cost: $6.3M Project Limits: County Road 195 to County Road 110 Gattis School Road Project Cost: $1.7M l Project Limits: High Country to Red Bud Lane Chisholm Trail Road North Project Cost: $500K • Project Limits: Wolle Lane to Hotel Centre Traffic Signal Coordination Project Cost: $100K Project Location: 45 Intersections ■ What Delays Transportation Projects? Railroad Crossing Coordination and Permits Adjusting Private Utilities Environmental Coordination and Permits ➢ Waters of the United States ➢ Wetlands ➢ Edwards'Aquifer ➢ Endangered Species/Karst ■ Active Transportation and Mobility Projects - Forest Creek Drive, Phase 2 - Project Cost: $3.7M - Double Creek Drive, Phase 1 - Project Cost: $1.1M - A.W. Grimes Boulevard, Phase 2 - Project Cost: $8.8M - Arterial "A" - Project Cost: $1.1M - US 79 Gap - Project Cost: $11.OM - Creek Bend Boulevard Extension - Project Cost: $5.1M - Chisholm Trail Road - Project Cost: $6.1M - Chisholm Parkway Extension - Project Cost: $1.3M - IH-35 Area Improvements - Project Cost: $6.OM • - Arterial "C" - Project Cost: $800K - Red Bud Lane, Phase 1 and 2 - Project Cost: $4.1M - Red Bud Lane, Phase 3 - Project Cost: $3.7M - RM620 / Union Pacific Railroad Grade Separation - Project Cost: $11.OM - US79 / RM 620 Feasibility Study - Project Cost: $87K IH-35 Frontage Road / Hesters Crossing Bridge - Project Cost: $7.6M Kiphen Road - Project Cost: $8.5M FM 1460 - Project Cost: $8.8M - Greenlawn Interchange - Project Cost: $17.OM ■ Other Active Projects Impacting Transportation and Mobility - Northeast Quadrant - Development County Roads 225 DECEMBER 16, 2004 Higher Education Center Round Rock Premium Outlet - Public Transportation Study Toll Roads - SH-45 - SH-130 Regional Commuter Rail PUBLIC HEARINGS: 10.A.1. Consider public testimony concerning the City of Round Rock 20032004 Consolidated Annual Performance Evaluation Report (CAPER). Mona Ryan, Community Development Coordinator made the staff presentation. The CAPER is a performance report on how the City used Community Development Block Grant funds during the year. This report is required by the Department of Housing and Urban Development and is due at HUD by the end of the calendar.year. (1) Provides accountability to the public by describing successes in meeting objectives stipulated in the Five Year Consolidated.Plan. (2) Provides information necessary for HUD's Annual Report to Congress. (3) Provides necessary information for HUD to meet its statutory requirement to assess Round Rock's ability to carry out relevant programs in compliance with all applicable rules and regulations. The public comment period was November 15 through November 30, 2004. • Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. CONSENT AGENDA: All items listed with an asterisk were considered to be routine by the City Council with no separate discussion and were enacted by one motion except for item 12A, which was removed from the entire agenda and item 14D1, which was removed from the consent agenda and addressed in its normal sequence on the regular agenda *12.A. Consider approval of the City Council minutes for November 23, 2004. This item was removed from the entire agenda. *14.B.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with S.D. Kallman, L.P. for the design of a 12inch water line from South Mays Street to Gattis School Road. 0, ' *14.8.3. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Enviro Remediation Coating Services, Inc. for the 20022003 Wastewater Collection System Rehabilitation Proiect. *14.C.1. Consider a resolution authorizing the Mayor to accept a Lone Star Library grant from the Texas State Library &Archives Commission. *14.D.1. Consider a resolution authorizing the Mayor to execute an Annual Contract for General Engineering Services with Huggins/Seiler & Associates, L.P. This item was withdrawn from the consent agenda. '22 DECEMBER 16, 2004 *14.E.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue and Mays Street, Main Street from 1.00 o'clock b m until 2.00 o'clock p m on January 15, 2005 for the Annual Martin Luther King Jr Commemorative Walk *14.E.2. Consider a resolution authorizing the Mayor to execute a grant adjustment agreement to accept additional grant funding under the Law Enforcement Terrorism Prevention Program. • MOTION: Councilmember Coe moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for November 23, 2004. This item was removed from the entire agenda at the request of staff. ORDINANCES: 13.A.1. Consider an ordinance adopting the Design and Construction Standards (DACS). (Second Reading) Tom Word;Chief of Public Works Operations made the staff • presentation. As part of the adoption of the revised Subdivision Ordinance, the Public Works Departments created the City of Round Rock Design and Construction Standards (DACS) to provide supporting design criteria. Several of the more significant changes in the DACS are a direct result of changes in the revised Subdivision Ordinance. In the past, the City of Round Rock has relied on the City of Austin's Design Criteria Manuals. As the City grows, it is more appropriate for Round Rock to adopt its own standards, which will allow for a more consistent process and procedures. The DACS parallel the City of Austin Standards as much as practicable. This consistency helps minimize confusion and simplify development through out the region. Two focus group meetings were held earlier this year with several members of the local engineering community. An. open house was held in November. There were several focus groups held with members of the development community regarding the revised Subdivision Ordinance. The Council approved the first reading of this ordinance on • December 2, 2004. ORDINANCE NO. AN ORDINANCE ADOPTING THE °CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - GUIDELINES," THE "CITY OF ROUND:ROCK DESIGN AND CONSTRUCITON STANDARDS - DRAINAGE CRITERIA MANUAL," THE `CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - STANDARD SPECIFICATIONS MANUAL," THE CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS -.TRANSPORTATION MANUAL," AND THE "CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - UTILITIES CRITERIA MANUAL," (COLLECTIVELY, THE -CITY OF ROUND ROCK DESIGN AND N _ 227 DECEMBER 16, 2004 CONSTRUCTION STANDARDS"); AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem-McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance adopting Tree Protection and Preservation regulations. (First Reading) Sharon Prete, Parks and Recreation Director and Jim Stendebach, Planning Director made the staff presentation. Since May 2003; four departments worked on revising the existing Tree Protection Ordinance. As a result, the revised ordinance document provides details; clarification and processes related to development, tree removal, tree preservation and protection as well as tree replacement. This is a revision of the existing Ordinance No. G-025-23-12B1, Chapter 3, Section 3.1100 to meet the tree protection and preservation needs of the City due to ongoing urban development. • Ms. Prete outlined the following points. • Purpose of the Ordinance Revision - Clarification - Consistency - No interpretation - Standardization - Balance protection of trees and develoment needs • Support documents - Champion Tree Registry - Tree Technical Manual; Standards and Specifications • Public Input - Development Community - Homebuilders - Citizens - Planning and Zoning commission - City Council • Major Points - Only trees protected in citizens yards will be monarchs - Protected trees ;r. - Replacement cost of $150 per caliper inch Mr. Stendebach outlined the following points related to the subdivision and site development process. • Development Process - Ordinance strives for a balance between tree protection and development needs - Subdivision - Site Plan - Small Lots • Changes to proposed ordinance - Alternative to full tree survey permitted - Appeals process reduced 228 DECEMBER 16, 2004 * 60-days reduced to 45 for ZBA * 45-days,reduced to 30 for City Council Tree credits on small lots No change in application review time • Mitigation - Large trees over 20" diameter require a 3:1 ratio to reflect the tree value of larger trees - Consideration - Canopy - Area of cross section • Age The Council asked for clarification on what can.or cannot be cut down in residential and commercial and the number and size of trees that can be removed. In response to Council's question, staff said, "the new ordinance is much more lenient than the current ordinance". ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 3, SECTION 3.1100, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND_ ROCK, TEXAS, TO ESTABLISH THE REQUIREMENTS FOR THE REMOVAL AND REPLACEMENT OF PROTECTED TREES; DEFINING TERMS; ESTABLISHING FEES; ESTABLISHING THE TREE FUND; PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode • Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance amending Section 5.00 Professional Conduct and General Workplace Policies by adding Section 5.16 City Issued Photo Identification Badge, of the Human Resources Policies and Procedures Manual. (First Reading) Teresa S. Bledsoe, Human Resources Director made the staff presentation. The City's Human Resources polices are revised as needed consistent with best practices. A task team representing the City's various departments was instrumental in the development of the program and policy to establish guidelines for employee use of and maintenance responsibility for City issued photo ID badge. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.00 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL BY ADDING SECTION 5.16, CONCERNING EMPLOYEE USE OF CITY- ISSUED PHOTO IDENTIFICATION BADGES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe 229 DECEMBER 16, 2004 Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the • ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance amending Sections 7.05.01 Official Use of City Vehicles, 7.05.02 Use of City Vehicle Commuting, and 7.06 Safe Driving and Road Safety, of the Human Resources Policies and Procedures Manual. (First Reading) Teresa S. Bledsoe, Human Resources Director made the staff presentation. The City has experienced significant increases in fuel and vehicle maintenance costs in recent years. Staff is always looking for ways to limit the City's exposure to the rising costs of insurance claims and lawsuits. A. • group of department directors began meeting in January to review the City's policy on employees using City vehicles to commute to and from work. This group developed policy recommendations and criteria for commuting in a city owned vehicle. The criteria is based on call out frequency as well as the time sensitive nature of getting personnel' and equipment to a scene. The application of the criteria significantly reduces the number of City vehicles that are used for commuting by employees. This reduction reduces our risk and exposure to accidents, injuries and incidents. These revisions provide policies that are consistent with the best practices. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.05.01 OFFICIAL USE OF CITY VEHICLES, SECTION 7.05.02 USE OF CITY VEHICLE - COMMUTING, AND SECTION 7.06 SAFE DRIVING AND ROAD SAFETY, OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. �.. ,. • MOTION: Mayor Pro-tem,McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. 230 DECEMBER 16, 2004 MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of, all the Councilmembers present and to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson • Councilmember Knight Nays: None ACTION: The motion carried unanimously. 13.C.3. Consider an ordinance amending Section 7.00 Health Safety and Environment (HSE) by adding Section 7.08.01 Protected Health Information of the Human Resources Policies and Procedures Manual. (First Reading) Teresa S. Bledsoe, Human Resources Director made the staff presentation. The City complies with HIPAA. To ensure compliance with Health Insurance Portability and Accountability Act (HIPAA) of 1996, the City was required to comply with the amendment to the act related to Protected Health Information. This revision provides a policy that is consistent with the best practices. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.00 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL BY ADDING SECTION 7.08.01, CONCERNING PROTECTED HEALTH INFORMATION IN ACCORDANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA); AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING • CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor.Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode • Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously.= RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Harriet Irvin Rutland for the purchase of 0.657 acres for drainage t: 1 �Au 2 ,3JL DECEMBER 16, 2004 improvements for the Sam Bass Road Improvement Project. Steve Sheets, City Attorney made the staff presentation. This additional right-of-way is being purchased from Harriet Rutland in the amount of$141,099.08 for the Sam Bass Road Improvement Project. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.657 acre tract of land for additional right-of-way for the Sam Bass Road Improvement Project, and • WHEREAS, Harriet Irvin Rutland, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Harriet Irvin Rutland, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw • Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ACTION: The motion carried unanimously. 14.B.1. Consider a resolution ioining Williamson County to oppose a Primary Ground Water Management Area. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. Senate Bill 2 requires the Texas Commission on Environmental Quality (TCEQ) to review the groundwater water supply needs of several Counties including Williamson prior to September 1, 2005 to determine if a Primary Ground Water Management Area (PGMA) should be formed. PGMA's are formed to control or prevent critical groundwater shortages, water quality or subsidence problems through regulating groundwater usage and imposing a fee or tax if needed for use in regulatory efforts. PGMA's • have been formed in many neighboring counties in an attempt to regulate water that could be exported from those counties or prevent problems previously mentioned. The City's dependence on local groundwater is a very small percentage of the total water usage and plans are to not increase reliance on local groundwater in the future. Since the problems previously mentioned are not issues in Williamson County, staff is recommending a resolution be adopted supporting Williamson County's efforts to oppose the formation of a PGMA within the County. In addition, a PGMA would create an unnecessary layer of 2 3 � DECEMBER 16, 2004 bureaucracy in Williamson County and would have a taxing authority that could take away financial resources needed to develop future water supplies for the City. RESOLUTION NO. WHEREAS, Priority Groundwater Management Districts ("PGMA") are formed to control or prevent subsidence, water quality problems, or groundwater shortages, and WHEREAS, PGMAs regulate groundwater users through taxation or fees, and WHEREAS, the City of Round- Rock has adequately planned for future surface water supplies, and • WHEREAS, dependence on local groundwater is a very small percentage of the total water usage for the City of Round Rock, and local future reliance on groundwater is not anticipated to increase, and WHEREAS, subsidence, water quality problems, or groundwater shortages are not major issues in Williamson County, and WHEREAS, a PGMA would create an unnecessary level of regulatory authority and bureaucracy, and WHEREAS, Williamson County has taken official action to oppose the PGMA, and has requested the City to join it in opposition, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock hereby joins with Williamson County to. oppose the formation of a Priority Groundwater Management District in Williamson County, Texas. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16t' day of December 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson Councilmember Knight Nays: None ': ACTION: The motion carried unanimously. *14:6.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with S.D. Kallman, L.P. for the design of a 121nch water line from South Mays Street to Gattis School Road. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for • Engineering Services ("Agreement") with S.D. Kallman, L.P. for the design of a 12 inch water line from South Mays Street to Gattis School Road, and WHEREAS, S.D. Kallman, L.P. .has submitted Supplemental Agreement No. 1 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires:to enter into said Supplemental Agreement No. 1 with S.D. Kallman, L.P., Now Therefore' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 'to the Agreement for Engineering Services with 'S.D. Kallman, L.P., a copy of said same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, .place and subject of the meeting at which this Resolution was adopted was posted and that 2313 DECEMBER 16, 2004 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004. *14.B.3. Consider a resolution-authorizing the Mayor to execute Change Order No. 1 with Enviro Remediation Coating Services, Inc. for the 2002-2003 Wastewater Collection • System Rehabilitation Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Enviro Remediation Coating Services, Inc. for the 2002-2003 Wastewater Collection System Rehabilitation Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 1 to the Contract with Enviro Remediation Coating Services, Inc. for the 2002-2003 Wastewater Collection System Rehabilitation Project, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof.were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. • *14.C.1. Consider a resolution authorizing the Mayor to accept a Lone Star Library grant from the Texas State Library &Archives Commission. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Texas State Library & Archives Commission has grant funds available through the Lone Star Library Grant, and WHEREAS, the City Council wishes to accept grant funds for improvements to the library system, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to accept funds from the above described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. *14.D.1. Consider a resolution authorizing the Mayor,,�ito execute an Annual Contract • for General Engineering Services with Huggins/Seiler & Associates, L.P. This item was removed from the consent agenda to be addressed at this point. Tom Martin, Transportation Services Director made the staff presentation. This is an annual contract for the engineering services as identified in the contract and in accordance with the Work Schedule to be agreed upon between the City and the Engineer. Work will be done under individual work order per each assignment at a cost of $200,000. Huggins/Seiler & Associates, LP., previously provided design studies, schematic design, ROW maps, as well as other related engineering tasks as detailed and agreed to by the City. 234 DECEMBER 16, 2004 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain general engineering services, and WHEREAS, Huggins/Seiler & Associates, L.P. has submitted an Annual Contract for General Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Huggins/Seiler & Associates, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Annual Contract for General Engineering Services with Huggins/Seiler & Associates, L.P., a • copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public:as required' by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember.Knight • Nays: None . ACTION: The motion carried unanimously. *14.E.1. Consider a resolution authorizing the closing of portions of Round Rock Avenue and Mays Street, Main Street from 1:00 o'clock p.m. until 2:00 o'clock p.m. on January 15, 2005 for the Annual Martin Luther King, Jr. Commemorative Walk. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Tapestry has requested that the streets along the following parade route be closed from 1:00 o'clock p.m. until 2:00 o'clock p.m. on January 15, 2005 for the Annual Martin Luther King, Jr. Commemorative Walk: beginning at the 500 block of Round Rock Avenue, east on Round Rock Avenue through Mays Street to Main Street, east on Main Street, north on Sheppard Street, and ending"at,'the Robert G. and Helen Griffith Public Library, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY'OF ROUND ROCK, TEXAS, That the streets along the parade route be closed as set forth above. The City Council hereby finds and declares that.written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public 'as required by law, at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act; Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004. *14.E.2. Consider a resolution authorizing the Mayor to execute a grant adjustment agreement to accept additional grant funding under the Law Enforcement Terrorism Prevention Program. This item was approved under the consent agenda. RESOLUTION NO. 2 3 51' DECEMBER 16, 2004 WHEREAS, the City of Round Rock has been previously awarded grant funds from the Texas Engineering Extension Service through the 2004 State Homeland Security Law Enforcement Terrorism Prevention Grant Program, and WHEREAS, additional grant funds have recently= been made available to the City which the City now wishes to accept, Now Therefore BE IT RESOLVED BY THE COUNCIL-OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Notice of Subrecipient Award or Adjustment to Award, a copy of same being attached hereto as Exhibit"A" and incorporated herein. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. 14.F.1. Consider a resolution adopting the City of Round Rock's Legislative Program for the 79th Legislative Session beginning January 11, 2005. Jim Nuse, City Manager made the staff presentation. There are several issues, which are of great concern to the citizens of Round Rock in the upcoming legislature. Having a formally adopted legislative agenda aides the City's lobbying efforts by giving added credibility to the City's representatives. RESOLUTION,NO. WHEREAS, the 79th Legislative Session is scheduled to begin January 11, 2005; and WHEREAS, the City Council for the City of Round Rock is requesting that the members of Williamson County delegation introduce certain legislation deemed necessary by the City; and WHEREAS, the City Council also requests that the Williamson County delegation • oppose certain legislation that is harmful to the City and its citizens; and WHEREAS, the City Council authorizes the City's representatives to oppose any legislation that erodes the authority of the City to govern its own affairs and oppose the imposition of any state mandates that do not provide for a commensurate level, of compensation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Williamson County delegation be requested to assist the' City with the following legislative proposals, and that the Mayor, Councilmembers, City Manager, City Attorney, City staff members, and the City's legislative representatives be authorized to testify on behalf of the city for or against the following proposals as appropriate: 1. Streamlined Sales Tax The City of Round Rock is opposed to any change in the sales tax sourcing rule currently in place. 2. Texas State University Appropriations The City of Round Rock is requesting its local delegation to support the request by Texas State University for an additional building at the Higher Education Center in Round Rock. 3. Hotel/Motel Funds for Sport Facility Development The City of Round Rock is requesting its local delegation to propose legislation that would expand the permitted uses for hotel/motel tax funds to include the development and expansion of City facilities that support state and youth sporting events. 4. Competitive Sealed Proposal Expansion Ny The City of Round Rock requests that its legislative delegation introduce legislation • that would amend Chapter 252 and 271 of the Texas Local Government Code to allow competitive sealed proposals and the other alternative bidding procedures authorized under state law for the construction of highways, roads, streets, utilities, and water and wastewater treatment plants. 5. Civil Service Commission members. The City Council requests that its legislative delegation support legislation that amends the Civil Service statute to allow local Civil Service Commissioners to be reappointed for more than one term. 6. Opposition to Certain Legislation The City of Round Rock requests its local delegation to oppose any legislation that will place appraisal caps on property beyond the ten percent (10%) currently mandated by law; any legislation that would place revenue caps on the City; any expansion of the sales tax that does not allow the City to include their portion on the item; and any new reforms to the annexation statute. BE IT FURTHER RESOLVED, 23- 6 DECEMBER ifs, 2004 That the Mayor, Councilmembers, City Manager, City Attorney, City- staff members, and the City's legislative representatives be authorized to testify in opposition to any legislation that would limit or erode the City's power to self-govern, or in any way be of detriment to the City's authority to exercise the powers prescribed by.the citizens-of the City of Round Rock in their elected officials and oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. The City Council hereby finds and declares that written notice.of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this . Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight Nays: None ACTION: The motion carried unanimously. 14.F.2. Consider a resolution authorizing the Mayor to execute the Fifth Agreement Extending Industrial District with Texas Crushed Stone and Georgetown Railroad Company. , Jim Nuse, City Manager made the staff presentation. This resolution will extend the Industrial District for one year. The District was first created in 1978 and has been extended four other times. The one-year extension of the Industrial District will give the City the property needed for the reconstruction of the wastewater line from the City's Water Treatment Plant to Interstate Highway 35 as it passes through Texas Crushed Stone and Georgetown Railroad Company properties. In addition, it will.give the City, Texas Crushed Stone, and Georgetown Railroad time to negotiate a mutually beneficial long-term agreement. This Industrial District outlines terms and conditions whereby Texas Crushed Stone and Georgetown Railroad Company may continue to operate outside Round Rock's city limits. RESOLUTION NO. WHEREAS, Texas Crushed Stone (''TCS")and Georgetown Railroad ("GRR") have • previously entered an agreement whereby certain.property owned by TCS and GRR would be designated an Industrial District, and WHEREAS, in consideration for the extension of the term of the Industrial.District to December 31, 2005, TCS and.GRR have agreed to (1) grant the City a temporary easement comprising 4.273 acres for use of adjacent land during wastewater line construction on land of wastewater line easement from TCS [Parcel 1]; (2) enter into a pipeline license agreement between the City and GRR [Parcel 2]; (3) grant the City a wastewater line easement comprising 1.294 acres.[Parcel �5]; . (4) :grant the City a temporary easement comprising 3.88 acres adjacent to the said 1.294 acre wastewater line easement [Parcel 5]; (5) grant the City a wastewater Line easement comprising 0.757 acres [Parcel 6]; and (6) grant the City a temporary easement comprising 1.99-acres adjacent to the said 0.757 acre wastewater line easement [Parcel 6], and WHEREAS, the Council wishes. to approve the extension of the Industrial District, Now Therefore 237 DECEMBER 16, 2004 BE IT RESOLVED BY THE COUNCIL OF THE CI-TY.OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the Cit a Y Y __ _ y Fifth Agreement Extending Industrial District, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolutipn was adopted was posted and that such meeting was open to the public--as required 4by_law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 16th day of December 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight Nays: None ACTION: The motion carried unanimously. 14.F.3. Consider a resolution authorizing the Mavor.to execute a temporary easement granted to the City by Texas Crushed Stone comprised of 4.273 acres for use of • adjacent land during the construction of a wastewater line. (Parcel 1) Jim Nuse, City Manager made the staff presentation. In order for the City to complete the reconstruction of a wastewater line from the City's Water Treatment Plant to IH35, it is necessary to cross property owned by Texas Crushed Stone. The easement is at no cost to the City but is granted as partial consideration for the extension of the Industrial District. RESOLUTION NO. WHEREAS, Texas Crushed Stone ("TCS") wishes to grant to the City of Round Rock a Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement comprising 4.273 acres of land, and WHEREAS, the Council wishes to accept the terms and conditions of said Easement with TCS, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement with Texas Crushed Stone, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting''at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. 2318 DECEMBER 16, 2004 VOTE: Ayes: Councilmember Nielson Mayor Pro.-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight Nays: None ACTION: The motion carried unanimously. 14.F.4. Consider a resolution authorizing the Mavor to execute a pipeline license • agreement with Georgetown Railroad. (Parcel 2), Jim Nuse, City Manager made the staff presentation. In order for the City to complete the reconstruction of a wastewater line from the City's Water Treatment Plant to IH35, it is necessary to cross property owned by Georgetown Railroad Company. The license is at no cost to the City but is granted as partial consideration for the extension of the Industrial District. RESOLUTION NO. WHEREAS, the City of Round Rock wishes'to enter into Pipeline License Agreement with Georgetown Railroad ("GRR"), and WHEREAS, the Council wishes to accept the terms and conditions of said Agreement with GRR, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Pipeline License Agreement with Georgetown Railroad, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds 'and declares that written notice of the date, hour, place and subject of the meeting at which,this Resolution was adopted was posted and that such meeting was open to the public as required-by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight Nays: None ACTION: The motion carried unanimously. 14.F.5. Consider a resolution authorizing the Mayor to execute a wastewater line easement granted to the City by Georgetown'Railroad comprised of 1.294 acres. (Parcel 5) Jim Nuse, City Manager made the staff presentation. In order for the City to complete the reconstruction of a wastewater line from the City's Water Treatment Plant to IH35, it is necessary to cross property owned by Georgetown Railroad Company. The easement is at no cost to the City but is granted as partial consideration for the extension of the Industrial District. RESOLUTION NO. }4 2 3 `9 DECEMBER 16, 2004 WHEREAS, Georgetown Railroad Company (-GRR") wishes to convey a Wastewater Line Easement comprising 1.294 acres of land to the City of Round Rock, and WHEREAS, the Council wishes to accept the terms and conditions of said Wastewater Line Easement with GRR, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CI,TY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Wastewater Line Easement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004. KYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight Nays: None • ACTION: The motion carried unanimously. 14.F.6. Consider a resolution authorizing the Mayor to execute a temporary easement granted to the City by Georgetown Railroad comprised of 3.88 acres adiacent to the said 1.294acre wastewater line easement. (Parcel 5) Jim Nuse, City Manager made the staff presentation. In order for the City to complete the reconstruction of a wastewater line from the City's Water Treatment Plant to IH35, it is necessary to cross property owned by Georgetown Railroad Company. The temporary easement is at no cost to the City but is granted as partial consideration for the extension of the Industrial District. RESOLUTION NO. WHEREAS, Georgetown Railroad Company ("GRR") wishes to grant to the City of Round Rock a Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement comprising 3.88 acres of land, and WHEREAS, the Council wishes to accept the terms and conditions of said Easement with GRR, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is here bV"authorized and directed to execute on behalf of the City a • Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 240 DECEMBER 16, 2004 MOTION: Councilmember Nielson moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Co,uncilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight • Nays: None ACTION: The motion carried unanimously. 14.F.7. Consider a resolution authorizing the Mayor to execute a wastewater line easement granted to the City by Georgetown Railroad comprised of 0.757 acres (Parcel 6) Jim Nuse, City Manager made the staff presentation. In order for the City to complete the reconstruction of a wastewater line from the City's Water Treatment Plant to IH35, it is necessary to cross property owned by Georgetown Railroad Company. The easement is at no cost to the City but is granted, as partial consideration for the extension of the Industrial District. RESOLUTION NO. WHEREAS, Georgetown Railroad Company ("GRR") wishes to convey a Wastewater Line Easement comprising 0.757 acres of land to the City of Round Rock, and WHEREAS, the Council wishes to accept the terms and conditions of said Wastewater Line Easement with GRR, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Wastewater Line Easement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary, MOTION: Councilmember Coe moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe' • Mayor-Maxwell Absent: Councilmember Knight Nays: None ACTION: The motion carried unanimously. 14.F.8. Consider a resolution authorizing the Mayor to execute a temporary easement granted to the City by Georgetown Railroad comprised of 1.99 acres adiacent to the said 0.757acre wastewater line easement. (Parcel 6) Jim Nuse, City Manager made the staff presentation. In order for the City to complete the reconstruction of a wastewater line - s i` v i, 241 DECEMBER 16, 2004 from the City's Water Treatment Plant-to IH35, it is,:necessary to cross property owned by Georgetown Railroad Company. The easement is at no cost to the City but is granted as partial consideration for the extension.of.the Industrial,District. RESOLUTION NO. 4._.._ WHEREAS, Georgetown Railroad Company ("GRR") wishes to grant to the City of Round Rock a Temporary Easement - Use of Adjacent Land During Wastewater Line • Construction on Land of Wastewater Line Easement comprising 1.99 acres of land, and WHEREAS, the Council wishes to accept the terms and conditions of said Easement with GRR, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Temporary Easement - Use of Adjacent Land During Wastewater Line Construction on Land of Wastewater Line Easement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004. NYLE MAXWELL, Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Knight Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: 4.A. Executive Session as authorized by 5551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council recessed to the Executive Chamber and reconvened the Executive Session. The Executive Session adjourned at 9:55 p.m. ADJOURNMENT: • There being no further business, the meeting adjourned at 9:56 p.m. R pectfully Submitted, Christine R. Martinez, City Secretary 242 DECEMBER 29, 2004 The Round Rock City Council met 'in a Special Called Session on Wednesday, December 29, 2004 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present.were Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Nyle Maxwell was absent due to being out of town. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. • CANVASS DECEMBER 18, 2004 CITY COUNCIL SPECIAL ELECTION Mayor Pro-tem McGraw asked Councilmember Rhode, Councilmember Knight and City Secretary Christine Martinez to recess to the Executive Chamber to conduct the canvass of the December 29, 2004 Election. Councilmember Knight gave the following report on the results of the December 29, 2004 Election: Councilmember Place 3 Richard W. Ryberg received 44 votes - 2.15% Charles M. Clymer received 98 votes - 4.78% Joe Clifford received 1,047 votes - 51.05% Don Lawdon received 42 votes - 2.05% Jimmy Joseph received 820 votes - 39.98% RESOLUTIONS: • 4.A. Consider a resolution declaring that the December 18, 2004 City Election results are official. RESOLUTION NO. WHEREAS, the City Council of the City of Round Rock ordered an election to be held December 18, 2004 for the purpose of electing candidates for Councilmember Place 3; and WHEREAS, the City Council has investigated all matters pertaining to the election, including the ordering, giving notice, officers, holding, and making returns of the election; and WHEREAS, the election officers who held the election have duly made the returns of the result thereof, and the returns have been duly delivered to this City Council; and WHEREAS, in accordance with Chapter 67 of the Texas Election Code, the City Council has canvassed the election returns, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. That the City Council officially finds and determines that the election was duly ordered, that proper notice of the election was duly given, that proper election officers were duly appointed prior to the election, that the election was duly held, that the City has complied with the Federal Voting Rights Act and the Texas Election Code, that due returns of the result of the election have been made and delivered, and that the City Council has duly canvassed the returns, all in accordance with the law and the Ordinance calling the election. • 2. That the City Council officially finds and determines that the following votes were cast at the election for Councilmember Place 3 the resident, qualified electors of the City, who voted at the election: A. Councilmember Place 3: Richard W. Ryberg: Votes Charles M. Clymer Votes Joe Clifford Votes Don Lawdon Votes Jimmy Joseph Votes 3. That the City Council officially finds, determines and declares the result of the election to be that Joe Clifford was elected'as Councilmember Place 3. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which .this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 2 4 .3 DECEMBER 29 2004 and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas.Government Code, as amended. RESOLVED this 29th day of December 2004. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Knight moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 4.13. Consider a resolution calling the February 5, 2005 Runoff Election to elect City Council, Place 3 and establishing polling places. This item was withdrawn from the agenda, since this election is not necessary. ADJOURNMENT: There being no further business, the meeting adjourned at 7:38 a.m. Rpectfully Submit ed, Christine R. Martinez, City Secretary • 244 3ANUARY 13, 2005 The Round Rock City Council met in Regular Session on Thursday, January 13, 2005, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER: Mayor Maxwell called the Regular Session to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scot Knight, and Councilmember Scott Rhode. Councilmember Gary Coe was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: O'Barr Rost, 103 E. Main Street, spoke favorable on the City's proposed Tree Protection and Preservation regulations. PRESENTATIONS: 5.A.1. Consider a presentation of a report by The Perryman Group analyzing the economic impact of Streamline Sales Tax implementation on selected Texas cities. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. He provided an overview of the report concerning the economic impact of a full streamline sales tax implementation including destination-based tax liability from the • Perryman Group. As stated in the Executive Summary of the Streamlined Sales Tax Project, December 2004, the rise of Internet and e-commerce purchases during the dot-com boom of the 1990's and the associated questions regarding sales tax collections led to the creation of the Streamlined Sales Tax (SST) project in March of 2000. First organized by a handful of state and local governments interested in simplifying and revamping the country's local sales tax laws, the project now includes forty-two states and the District of Columbia. As of April 2004, twenty states, including Texas, have approved all or part of new legislation designed to meet the requirements of the SST project. The Perryman Group report focuses on the impact of a change in sales tax sourcing rules, the most serious Streamlined Sales Tax project requirement affecting Round Rock and many other cities. In addition, Mr. Kautz offered the following information. ■ Dr. Perryman was commissioned to conduct this report. • ■ While there are clearly potential advantages to aspects of the SST initiative, there is emerging evidence that the likely gains to states may have been significantly overstated in early analyses. ■ Many cities across the state will be harmed by the provisions of the SST initiative. In several cases, the majority of local sales taxes would be lost, undermining financial stability, disrupting long-range planning and commitments, and impairing the capacity to provide necessary public services. ■ Implementation of a destination-based mechanism without careful consideration of the effects on local areas could be devastating to cities across the state. 5: 245 ]ANUARY 13, 2005 ■ $30 million loss of gross, $20 million loss of personal income, $20 million loss in retail sales, and 451 jobs will b-e-lost. ■ Texas is not in compliance with the project. ■ Impact of SST on Round Rock. 5.B.1. Consider a presentation regarding the policies and guidelines of the • Southwest Downtown Plan. Joe Vining, Executive Director of Community Development made the staff presentation. The planning process began with a survey of neighborhood residents, property owners, and business owners, which formed the basis for topics selected for discussion in eleven neighborhood workshops held from June 2003 through September 2004. The process culminated with an open house to present a draft of the Southwest Downtown Plan to the neighborhood in November 2004. The Southwest Downtown Plan, a proposed amendment to the General Plan, presents recommendations to revitalize and enhance the Southwest Downtown Area of Round Rock. This area is bounded by IH-35 to the West, Round Rock Avenue to the North, Mays Street to the East, McNeil Road to the Southeast, and Lake Creek to the Southwest. With the construction of the Municipal Office f Complex and plans for street improvements and utility upgrades, the Plan Area is changing significantly. In addition, many of the once single-family residences have been converted • into offices. The Southwest Downtown Plan seeks to accommodate change in the area while: • Incorporating public input in the planning process • Revitalizing the district's infrastructure, including streets, curbs, sidewalks, utilities and drainage • Accommodating existing single family residences by examining the compatibility of land uses. • Providing for new uses and for the redevelopment of existing buildings. • Increasing public and private parking. • Protecting and enhancing the special character of the area. • Creating a pedestrian friendly environment. • Proposed Mixed-Use (MU-1) Zoning District to promote a mixture of residential and commercial uses. The Plan will be presented to the Planning and Zoning Commission for • recommendation in January and to the City Council for adoption in February. PUBLIC HEARINGS: 6.A.1. Consider public testimony regarding an application filed by Craig and Carolyn Brinegar to adopt original zoning of District SR (Senior) for 1.498 acres of land. (Brinegar Subdivision) (1251 South A.W. Grimes Boulevard) Jim Stendebach, Planning Director made the staff presentation. This tract is located east of AW Grimes Boulevard, north of Gattis School Road and just south of the entrance to the Turtle Creek Subdivision. The owner is requesting original zoning of Senior District for a proposed 31 unit two story assisted senior 246 JANUARY 13, 2005 care facility. Currently there is a small cemetery on the property, which will be protected and preserved in its. current configuration and the owner is researching a historic designation for the cemetery. The Senior District is a transitional district from residential uses to commercial uses. This location is very well suited for this type of zoning due to the surrounding single-family residential subdivisions to the north and east and the commercial uses at the corner of AW Grimes Boulevard and Gattis School Road. The zoning request • received a positive recommendation at the Planning and Zoning Commission meeting on December 1, 2004. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 6.A.2. Consider public testimony regarding an application filed by Old Settlers Association of Williamson County to rezone 0.887 acres of land from District OS (Open Space) to District C-1 (General Commercial) (3200 E. Palm Valley Boulevard Councilmember Nielson disclosed that he would be abstaining from the discussion and vote on this item due to a previous business relationship with individuals associated with this tract. Councilmember Nielson submitted the appropriate conflict of interest affidavit. Jim Stendebach, Planning Director made the staff presentation. The 0.887acre tract is located north on Hwy 79 and west of Harrell Parkway. In 1988, 422 acres of land known • as Old Settlers Park was annexed and given interim zoning of SF-1. A portion being 2.78 acres of the 422 acres was rezoned to C-1 per Ordinance #1274 approved by the City Council on January 26, 1989. As right-of-way for the adjacent highway was acquired for proposed improvements, the size of the commercial tract was diminished to approximately 1.75 acres. The proposed rezoning will allow the Association to reclaim the 2.78 acre General Commercial (C-1) tract by rezoning a 0.887 acre strip of land that is currently zoned Open Space (OS), adjacent to the remaining commercial tract. The rezoning will also allow the owner to develop the property as it was intended for recreational type commercial uses per the Declaration of Covenants, Conditions and Restrictions recorded in Volume 1760, Page 468-473. The rezoning request received a positive recommendation at the Planning and Zoning Commission meeting on December 1, 2004. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. • 6.A.3. Consider public testimony regarding an application filed by Paul Cates Stable, LLC to adopt original zoning of District SF-R (Single Family-Rural Lot) on 13.088 acres of land. (2900 Gattis School Road) This item was withdrawn from the agenda at the request of the applicant. 6.A.4. Consider public testimony regarding an aDDlication filed by Paul Cates Stable, LLC to rezone 2.609 acres of land from District SF-1 (Single Family-Large Lot) to b�. ' 247 JANUARY 13, 2005 District SF-R (Single Family-Rural Lot). (2900 Gattis School Road) Jim Stendebach, Planning Director made the staff presentation. This 2.609-acre tract is located north on Gattis School Road, east of Round Rock Ranch Boulevard and west of the abandoned MoKan Railroad. The 2.609 acres was annexed and zoned interim SF-1 as part of the acquisition of right-of-way for the improvements of Gattis School-Road per Ordinance # 891 in October • 1986. The owner of the property has requested a rezoning of single-family large lot zoning district to single family rural zoning district. The intended use is for a riding academy. The single-family rural district allows livestock storage as a conditional use with a listing of restrictions in Chapter 2 of the City Code of Ordinance and the owner is fully aware of the restrictions. This proposed zoning district is compatible with the existing residential surrounding uses. In light of the riding academy's low intensity, use the existing traffic conditions should not be adversely affected at Gattis School. The rezoning request received a positive recommendation at the Planning and Zoning Commission meeting on December 1, 2004. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 6.A.5. Consider public testimony regarding proposed amendments to Chapter 11, • Sections 11.407 and 11.800, Zoning, Round Rock Code of Ordinances (1995 Edition) for conformance with revised Townhouse provisions. Jim Stendebach, Planning Director made the staff presentation. Staff presented amendments to the Townhouse (TH) zoning district to include provisions allowing for the development of detached units. Currently the district provides for attached dwelling units only. The State legislature currently allows for the development of"bare land" condominiums. This configuration allows for the development of detached cluster housing under condominium ownership. It does not require the connection of two or more units traditionally,required to qualify for a condominium regime, thus providing for greater flexibility in design for condominium developments. Detached units on one lot will be required to have ten feet of separation between structures. This separation reflects the same spacing standards required in the single-family residential district. In addition, the area of separation will be free from any encroachments such as accessory buildings, eaves and roof overhangs. Adoption of the amendments to the TH • zoning district will accomplish the following: first, the amendments will ensure that the City's zoning ordinance is consistent with state legislation, and, second, it will help the city meet its General Plan 2000 goal to provide a mix of housing options with respect to both housing type and affordability. The Planning and Zoning Commission rendered a favorable recommendation regarding the proposed amendments on December 1, 2004. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 24 -"-,8 3ANUARY 13, 2005 CONSENT AGENDA: All items listed with an asterisk were considered'to be routine by the City Council and were enacted by one motion with no separate discussion. *8.A. Consider approval of the City Council minutes for November 23 2004 and December 16, 2004 *10.E.1. Consider a resolution authorizina the Mavor'to execute Supplemental • Agreement No. 1 to the Agreement for Engineering Services with Espey Consultants Inc for the Hester's Crossing Channel Improvements Project. *10.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No 2 to the Agreement for Engineering Services with HDR Engineering Inc for the final design of Red Bud Lane from US 79 to CR 123. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None . Absent: Councilmember Coe ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *B.A. Consider approval of the City Council minutes for November 23, 2004 and December 16, 2004. This item was approved under the consent agenda. ORDINANCES: 9.A.1. Consider an ordinance amending Section 3.01 Work Scheduling of the Human Resources Policies and Procedures Manual. (First Reading) Teresa Bledsoe, Human Resources Director made the staff presentation. Currently, non-exempted employees are recording extra time worked after 5:01 p.m. on the last Friday of a pay period as time worked during the next pay period. This change provides greater consistency and efficiency in reporting time worked and processing payroll. This change will also make it easier for employees to understand that the last workday of the pay period is not divided. ORDINANCE NO. • AN ORDINANCE AMENDING SECTION 3.01 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING . WORK SCHEDULING; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor..Pro-tem,McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell 2419 JANUARY 13, 2005 Nays: None Absent: Councilmember-Coe ACTION: The motion carried unanimously. - MOTION: Councilmember Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembersresent and to adopt the P p ordinance. Councilmember Knight seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance adoi)ting Tree Protection and Preservation regulations. (Second Reading) Sharon Prete, Parks and Recreation Director made the staff presentation. This is the second reading of the revision to Chapter 3; Section 3.1100, which is insufficient to meet various development and tree protection needs in the City. The expanded document provides details, clarification and processes related to development, tree removal, preservation and protection as well as tree mitigation. Revisions made to the proposed ordinance since the first reading are as follows: • 1. Sections 3.1108(2)(a)(v) and (3)(a)(v) were revised to include a request to use a "Tree Inventory". 2. Sections 3.1108(2)(b)(iv) and (2)(b)(v) were revised to include the submission of "Tree Replacement Plans" during the construction plan process. 3. Section 3.1108(3) was revised to include the submission of"Tree Protection Plans" to the Development Review Committee. 4. Section 3.1108(3)(b)(ii) was revised to include the submission of the "Tree Protection Plan" along with the site development permit application. 5. Section 3.1109(2)(a) was revised to reduce the payment amount from $250 to $150. 6. Section 3.1109(3)(a) was revised for clarification of the size of trees acceptable for credit. ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 3, SECTION 3.1100, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH THE REQUIREMENTS FOR THE REMOVAL AND REPLACEMENT OF PROTECTED TREES; DEFINING TERMS; ESTABLISHING FEES; ESTABLISHING THE TREE .FUND; PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; • AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 250 JANUARY 13, 2005 9.B.2. Consider an ordinance adopting the Champion Tree Registry. (First Reading) Emsud Horozovic, Forestry Manager made the staff presentation. The existing ordinance does not have regulations to protect Monarch trees. The Champion tree registry list will be used for the purpose of registering all trees that are champions for the City and will be a benchmark for Monarch trees. The Champion trees are the biggest trees of its species in the City. They are used to set benchmarks for Monarch trees which are new to • the existing ordinance. This initial list is complied of currently know Champion trees and will be updated in the spring of next year. ORDINANCE NO. AN ORDINANCE-ADOPTING THE `CITY OF ROUND ROCK CHAMPION TREE REGISTRY, JANUARY 2005 " TO ESTABLISH A LIST OF THE LARGEST TREE OF A SPECIES, KNOWN AS CHAMPION TREES; DESIGNATING THE CHAMPION TREES LISTED IN THE REGISTRY AS MONARCH TREES; PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-Tem McGraw moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe • ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor'Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 9.C.1. Consider an ordinance annexing 1.498 acres of land out of the P.A. Holder Survey. (Brinegar Subdivision) (1251 South A.W. Grimes Boulevard) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This 1.498-acre tract is located east of A.W. Grimes Boulevard and north of Gattis School Road. The purpose of the • annexation is to provide city services to the development. The annexation will provide an increase in senior assistance housing development and an increase in ad valorem taxes. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.498 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND 25 � JANUARY 13, 2005 BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE "AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-Tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • 9.C.2. Consider an ordinance adooting original zoning of District SR (Senior) for 1.498 acres of land. (Brinegar Subdivision) (1251 South A.W. Grimes Boulevard) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing portion of the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS.AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 1.498 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SR (SENIOR). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight • Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw 252 JANUARY 13, 2005 Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 9.C.3. Consider an ordinance rezoning 0.887 acres of land from District OS (Open Space) to District C-1 (General Commercial) (3200 E. Palm Valley Boulevard) (First • Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing portion of the meeting. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Abstain: Councilmember Nielson Absent: Councilmember Coe ACTION: The motion carried with 4 ayes and 1 abstention. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Y Ayes: Ma or Pro-tem McGraw • Y Councilmember Knight Councilmember Rhode MayorMaxwell Nays.: None Abstain: Councilmember Nielson Absent: Councilmember Coe ACTION-: The motion carried with 4.ayes,-and 1 abstention. 9.C.4. Consider an ordinance annexing 13.088 acres of land out of the P.A. Holder Survey. (2900 Gattis School Road) (First Reading) This item was withdrawn from the agenda at the request of the applicant. 9.C.5. Consider an ordinance adopting original zoning of District SF-R (Single Family-Rural Lot) on 13.088 acres of jand. (2900 Gattis School Road) (First Reading) This item was withdrawn from the agenda at the request of the applicant. 9.C.6. Consider an ordinance rezoning 2.609 acres of land from District SF-1 (Single Family-Large Lot) to District SF-R (Single Family-Rural Lot) (2900 Gattis School • Road) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing portion of the meeting. MOTION:, Councilmember Nielson moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor'Pio=tem McGraw Councilmember Knight Councilmember Rhode 2 5 `3 7ANUARY 13, 20.05 Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved,to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilman Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 9.C.7. Consider an ordinance amending Chapter 11, Sections 11.407 and 11.800, Zoning, Round Rock Code of Ordinances (1995 Edition) for conformance with revised Townhouse provisions. (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing portion of the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 8, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ALLOW DETACHED RESIDENTIAL DEVELOPMENT IN THE • TH (TOWNHOUSE) DISTRICT; TO AMEND REFERENCES TO "FEE SIMPLE TOWNHOUSES" TO "SINGLE-UNIT TOWNHOUSES;" TO AMEND REFERENCES TO "CONDOMINIUM TOWNHOUSES" TO "MULTI-UNIT TOWNHOUSES;" TO AMEND THE TOWNHOUSE SETBACK REQUIREMENT; TO AMEND THE DEFINITION OF "TOWNHOUSE"; TO ADD DEFINITIONS FOR "MULTI-UNIT TOWNHOUSE" AND "SINGLE-UNIT TOWNHOUSE;" AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION:;;,Councilmember Rhode moved to adopt the ordinance.Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Nielson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance: Council member.Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 254 JANUARY 13, 2005 RESOLUTIONS: 10.A.1. Consider a resolution authorizing the City Manaer to issue a purchase order to Barco Media. L.L.C. for a new video display system for the scoreboard at Dell Diamond David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The existing video display system can no longer be restored to full performance through maintenance and repair. The Video Display System replaces the existing system at Dell • Diamond. Two competitive quotes from reputable companies were received and analyzed. Barco Media provided the best proposal in the amount of $187,207. Staff recommended acceptance of the Barco Media System. The new video display system will be installed prior to the opening of the first game. A representative of Barco Media was present to address questions from the Council. Mayor Maxwell noted that no taxpayer's money is being used to replace this equipment. The cost of the equipment will be paid from Hotel Occupancy Tax funds. RESOLUTION NO. WHEREAS, the current scoreboard at the Dell Diamond stadium is in need of repair, and WHEREAS, the repair of the scoreboard consists of replacing the current obsolete -video display system ("System"), and WHEREAS, the replacement of the System is a high technology procurement under the terms of Chapter 252 of the Local Government Code, and WHEREAS, the City of Round Rock has duly advertised for competitive sealed • proposals for the System, and WHEREAS, Barco Media, L.L.C. has submitted the lowest proposal and the proposal which provides the best value to the"City, and WHEREAS, the City Council wishes to accept the proposal of Barco Media, L.L.C., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the proposal of Barco Media is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to Barco Media, L.L.C. for the purchase of a video display system for the Dell Diamond stadium. The City Council hereby finds. and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Knight moved to approve the resolution. Councilmember Nielson seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 2 5 5 JANUARY 13, 2005 10.B.1. Consider a resolution authorizing the Mavor to execute a contract with H. Deck Construction Company for the Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. The City is required to inspect; repair, and certify its wastewater collection system in compliance with the Texas Commission on Environmental Quality's Edwards • Aquifer Recharge Zone Protection Program. The elimination of defects will reduce inflow and infiltration entering the sewer system, thereby reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment Plant. Two bids were received for this project and H. Deck Construction Company submitted a bid of $1,200,298 and was the low bidder. This project will rehabilitate defective areas determined from the Wastewater Collection System Inspection Project in three Edwards Aquifer Basins (LC15-Z, LC16-Z, and CC34-Z). The scope of the project includes 2,287 linear feet of pipe bursting, 2,408 linear feet of wastewater line replacement, 480 feet of 18" bore and encasement, 43 point repairs, and rehabilitation of 239 manholes. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins, and WHEREAS, H. Deck Construction has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of H. Deck Construction, Now • Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized .and directed to execute on behalf of the City a contract with H. Deck Construction for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which.this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Mayor Pro-Tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 10.C.1. Consider a resolution adopting the Tree Technical Manual. Emsud Horozovic, Forestry Manager made the staff presentation. Currently, most of the developers are submitting plans based on the City of Austin ordinance or by common practice in this area. The Tree Technical Manual: Standards and Specification will standardize tree surveys, 25 -6 • JANUARY 13, 2005 protection methods, and tree replacements. This is a new manual that has been developed for the purpose of having standards and specification in regards to tree surveys, tree protection and tree replacement/ planting. Standards are developed based on common practices already used in this area. RESOLUTION NO. WHEREAS, the City of Round Rock has prepared the "Tree Technical Manual: • Standards and Specifications, January 2005," which provides standards and specifications based on generally accepted practices for sound arboricultural practices, techniques and procedures which shall serve as guidelines for trees regulated under Section 3.1100, City of Round Rock Code of Ordinances, 1995 edition, and WHEREAS, the City Council wishes to adopt the "Tree Technical Manual: Standards and Specifications, January 2005," Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby:adopts the. "Tree Technical Manual: Standards and Specifications, January 2005," a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter;hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code,-as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Mayor Pro-Tem McGraw moved to approve the resolution. Councilmember • Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor-Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for In School Officers with the Round Rock Independent School District. Bryan Williams, Chief of Police made the staff presentation. This is the fifth year of participation with the Round Rock Independent School District for in-school officers. Approval of the contract will allow the City to continue providing its citizens with safe and healthy school environments. The number of officers assigned to schools will determine the"cost. The only • change in the request is that the School District would like to reimburse it's 50% of salary and benefit expenses for this service at the end of the school year The Council expressed their concern of the payment schedule and asked staff to renegotiate the period for payment. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas. Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another 'to perform governmental functions and services, and r;. 257 JANUARY 13, 2005 , WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement for In School Officers with the Round Rock Independent School District to provide for the reimbursement of salary and benefits expenses for In School Officers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement for In School Officers with the- Round Rock Independent School District, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to table the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson 'Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. • *10.E.1. Consider a resolution authorizing the Mayor to execute SuppIementaI Agreement No. 1 to the Agreement for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project. This item was approved under the s consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project, and WHEREAS, Espey Consultants, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1' with Espey Consultants, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Engineering Services with Espey Consultants, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. �Wi,, a,;1 The City Council hereby'finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. 10.E.2. Consider a resolution authorizing the Mavor to execute a contract with M.B. Bender Company, Inc. the Joyce Lane Improvements Project. Danny Halden, City Engineer made the staff presentation. The City received and opened five bids on December 21, 2004 for the Joyce Lane Improvements Project. M. B. Bender Company, Inc. submitted 258 JANUARY 13, 2005 the lowest qualified bid. This project includes the construction of water, wastewater, drainage, and street improvements. The area for which these improvements are planned is an unrecorded subdivision within the city limits of Round.Rock. The street is not curbed and is unpaved. All the owners in the subdivision currently have private water wells and on-site septic systems. The planned improvements will provide a 30 foot paved street with curb and gutter, storm sewer improvements, and a water main extension that will enable the lots • to connect to the City's water system at some future date. Legally subdividing the lots is still being contemplated, but with so many owners it is a slow, laborious process. Many meetings and discussions were held with the various property owners in the unrecorded subdivision. The improvements and platting are being funded with a 1998 bond issuance. The cost of the project is $215,668.05 In response to Mayor Maxwell's question, Mr. Nuse explained the reasons for the delay of this project. Mr. Halden explained that some of the issues.were in regard to easements, trust, flood plain requirements and the elimination of a resident's property from the project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Joyce Lane Improvements Project, and WHEREAS, M.B. Bender Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the .City Council wishes to accept the bid of M.B. Bender Company, Inc., • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with M.B. Bender Company, Inc. for the Joyce Lane Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as. required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act; Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary, MOTION: Councilmember Nielson moved to approve the resolution. Mayor Pro-Tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson . Mayor'Pro-tem McGraw • Counciimember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 10.F.1. Consider a resolution authorizing the Mayor to execute a contract with Viking Construction, Inc. for the Street Maintenance Program Phase I/Slurry Seal - 2004. Danny Halden, City Engineer made the staff presentation. The type of surface treatment will 259 JANUARY 13, 2005 give the City streets an extended life as well as a better.skid resistant value. Viking submitted a bid in the amount of $734,334.60.. This contract will encompass the Oaklands, Oak Creek, Oak Bluff, Flower Hill, Brushy Slopes, and Corridor Park subdivisions. This project will also include pavement repairs to Kiphen Road. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Street Maintenance Program Phase 1/Slurry Seal - 2004, and WHEREAS, Viking Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Viking Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Viking Construction, Inc. for the Street Maintenance Program Phase 1/Slurry Seal - 2004. The City Council hereby finds and declares that written notice of the date, hour, place and 'subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell k Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. *10.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with HDR Engineering. Inc. for the final design of Red Bud Lane from US 79 to CR 123. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously;,,entered into an Agreement for Engineering Services ("Agreement") with HDR Engineering, Inc. for the final design of Red Bud • Lane from US 79 to CR 123, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. 266 JANUARY 13, 2005 10.F.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with HDR Engineering Inc for IH-35 modifications from Chandler Road to Westinghouse Road. Tom Martin, Transportation Services Director made the staff presentation. The original contract with HDR Engineering for the design of this work was approved by the Council at their March 11, 2004 meeting. The original scope of this project included the.reversing of the on and off ramps at Chandler • Road, construction of a turnaround structure at Chandler Road, widening of the northbound frontage road in the vicinity of the Simon/Chelsea Development and intersection improvements on Chandler Road. TxDOT has requested a scope change in the proposed roadway improvements to better allow for increased traffic volumes anticipated due to the proposed Simon/Chelsea Development in the area of Chandler Road/RM 1431, IH-35, and Westinghouse Road. This increase in scope will allow for the design to include a turnaround structure at Westinghouse Road, widening Chandler Road /RM 1431 overpass to a six-lane structure, and ancillary roadway work to align with the bridge widening, miscellaneous acceleration and deceleration lane work to improve traffic flow, extending the north bound frontage road to Westinghouse Road and associated intersection improvements. The cost of this supplement is $418,431.00. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with HDR Engineering, Inc. for IH-35 modifications from Chandler Road to Westinghouse Road, and WHEREAS, HDR Engineering,. Inc. has submitted Supplemental Agreement No. 1 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires'to enter into said Supplemental Agreement No. 1 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the;Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds -and declares that written notice of the date, hour, place and subject of the meeting at Which'this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter 'hereof were discussed, considered and. formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-Tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe t r, 261 JANUARY 13, 2005 ACTION: The motion carried unanimously. 10.F.4.Consider a resolution setting date, time'and place for a public hearing on the creation of the Forest Creek Drive Public Improvement District. Tom Martin, Transportation Services Director made the staff presentation: A petition regarding the creation and establishment of the Forest Creek Drive PID was submitted to the City. Staff would like to conduct a public hearing to consider the creation of the RID. Forest Creek Drive is a major arterial shown in the City's Transportation Master Plan. The City currently has a project to construct the, remaining portions of this facility between Rusk Road and the Lake Forest Subdivision. This project is being funded by the Transportation System Development Corporation Funds and developer contributions made through Cost Sharing/Development Agreements. However, the portion of this project through Round Rock Ranch is to be paid by means of a PID. The contract for this construction, for $2,969,564.65, was award by the City Council at the August 26, 2004 meeting. The public hearing will be held at the Council's February 10th meeting. RESOLUTION NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE CREATION OF THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, a petition regarding the creation and establishment of the Forest Creek • Drive Public Improvement District has been submitted to the City, and WHEREAS, the City desires to call a public hearing to consider the creation of the Forest Creek Drive Public Improvement District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That a public hearing regarding the creation and establishment of the Forest Creek Drive Public Improvement District shall be held before the City Council of the City of Round Rock, Texas on the 10th day of February, 2005 at 7:00 p.m. in the City Council Chambers at 221 East Main Street, Round Rock, Texas 78664. II. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary • MOTION: Mayor Pro-Tem McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. 262 JANUARY 13, 2005 11.A. Consider anaointment of a Lay*Representative to the Central Texas Library System. Dale Ricklefs, Library Director made the staff presentation. This position is filled by a person who does not serve as a Library staff member, and is appointed by the City Council. Bonnie Horowitz has served as this representative for the past 18 months. She has expressed interest in serving another term. Her term would expire in August 2006. The Lay Representative represents the City at 3-4 meetings per year and votes on services provided by the state-funded Central Texas Library System. MOTION: Councilmember Rhode moved to appoint Bonnie Horowitz by acclamation. Councilmember Knight seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem.McGraw Councilmember Knight Councilmember Rhode Mayor'Maxwell Nays: None Absent: Councilmember Coe ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Pro-Tem McGraw announced that Joseph Fite is the first military service member from Round Rock that has been killed in the Iraq war. He asked staff to bring forward ideas on how the City can honor Round Rock citizens who have-been wounded or • killed in this war. ADJOURNMENT: There being no further business, the meeting adjourned at 9:14 p.m. &,ri1st1n4eR.VMUVinekz, tfully Submitted, M City Secretary • 263 JANUARY 27, 2005 The Round Rock City Council met Regular Session on Thursday, January 27, 2005, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M.. Mayor Maxwell called the regular session to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Scott Rhode, and Councilmember Elect Joe Clifford. Councilmember Scot Knight and Councilmember Gary Coe were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Manouch Ziari, 2023 N. Mays addressed the Council on his credibility. SWEAR IN NEWLY ELECTED COUNCILMEMBER FOR PLACE 3: Councilmember elect Joe Clifford was sworn into office by Dain Johnson, Justice of the Peace, Precinct No. 1. Councilmember Clifford thanked his supporters for giving him the opportunity to serve them and the community. CONSENT AGENDA: All items listed with an asterisk were considered to be routine by the City Council and • were enacted b one motion with no separate discussion. No items were removed from the Y P consent agenda. *7.A. Consider approval of the City Council minutes for December 29, 2004 and January 13, 2005. *8.13.1. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances establishing a 45-mph speed zone on A.W. Grimes Boulevard from Gattis School Road to Lake Creek. (First Reading) *8.B.2. Consider an ordinance amending Chapter 9, Section 9.1816 of the Round Rock Code of Ordinances prohibiting the parking of vehicles on a portion of Sundance Parkway. (First Reading) *8.C.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.151 acre parcel of land for the proposed Red Bud Lane LCR • 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) *8.C.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.0221 acre parcel of land, and a waterline easement in a 0.0048 acre parcel of land for the proposed Highway 79 Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 13) (First Reading 264 3ANUARY 27, 2005 *8.C.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.0219 acre parcel of land and a waterline easement in a 0.0040 acre parcel of land for the proposed Highway 79 Improvement Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings (Parcel 12) (First Reading) *9.F.1. Consider a resolution authorizing property tax refunds to Dresser • Industries, Inc. for 2000, 2001, 2002, and 2003 taxes totaling $20,234.32. *9.F.2. Consider a resolution authorizing property tax refunds to Cypress Semiconductor Texas, Inc. for 2001, 2002, and 2003 taxes totaling $5,966.67. *9.F.3. Consider a resolution authorizing property tax refund to CEF Funding II, LLC for 2003 taxes totaling $4;697.40. MOTION: Councilmember Clifford moved to approve all the items on the consent agenda. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Knight Councilmember Coe ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance for items 8C1, 8C2, and 8C3 with the unanimous consent of all the Councilmembers present and to adopt the ordinances. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor.Maxwell Nays: None; Absent: Councilmember Knight Councilmember Coe ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the City Council minutes for December 29 2004 and January 13, 2005. This item was approved under the consent agenda. ORDINANCES: 8.A.1. Consider an ordinance authorizing the issuance of City of Round Rock, Texas General Obligation Refunding Bonds, Series 2005; levying an ad valorem tax in support of the bonds; approving a paying agent/registrar.agreement, an official statement, a purchase agreement and an escrow agreement; calling certain obligations for redemption and authorizing other matters relating to bonds. (Only one reading is required as authorized by 265 JANUARY 27, 2005 Section 1201.028 Texas Government Code.) Cindy Demers, Finance Director made the staff presentation. The City is issuing General Obligation refunding bonds in the amount of $19,915,000 million to refund previously issued general obligation bonds. The transaction will provide a present value benefit of approximately $957,865 or 4.96% of the refunded principal, which exceeds the City's traditional, 3% benchmark. This savings is achieved due • to lower market interest rates and debt service restructuring. The issuance of these obligations is not expected to adversely affect the City's excellent credit rating because of the City's strong financial position and debt capacity. Garry Kimball of First Southwest Company, the City's financial advisor outlined the final pricing summary. The bid information follows: Par Amount of Bonds - $19,915,000.00 Reoffering Premium or (Discount) - 1,361,509.70 Gross Production - $21,276,509.70 Total Underwriter's Discount (0.693%) - $ (138,048.57 Bid (106.143%) - 21,138,461.13 Accrued Interest from 01/15/2005 to 02/24/2005 - 98,376.82 Total Purchase Price - $21,236,837.95 Bond Year Dollars - $211,697.08 Average Life - 10.630 years True Interest Cost (TIC) - 4.0097532% ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005; LEVYING AN AD VALOREM TAX IN SUPPORT OF THE BONDS; APPROVING A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL STATEMENT, A PURCHASE AGREEMENT AND AN ESCROW AGREEMENT; CALLING CERTAIN OBLIGATIONS FOR REDEMPTION; AND AUTHORIZING OTHER MATTERS RELATING TO THE BONDS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Knight Councilmember Coe ACTION: The motion carried unanimously. *8.B.1. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances establishing a 45-mph speed zone on A.W. Grimes Boulevard from Gattis School Road to Lake Creek. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE A PORTION OF A.W. GRIMES BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 266. ]ANUARY 27, 2005 *8.B.2. Consider an ordinance amending Chapter 9 Section 9.1816 of the Round Rock Code of Ordinances prohibiting the parking of vehicles on a Dortion of Sundance Parkway. First Reading) This item was approved under the consent'agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF SUNDANCE PARKWAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING • ORDINANCES OR RESOLUTIONS. *8.C.1. Consider an ordinance determining the public necessity-for the acquisition of a fee simple interest in a 0.151 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.151 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *8.C.2. Consider an ordinance determining the public necessity for the acquisition • of a fee simple interest in a 0.0221 acre parcel of land, and a waterline easement in a 0.0048 acre parcel of land for the proposed Highway 79 Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 13) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF 0.0221 ACRE AND A 0.0048 ACRE WATERLINE EASEMENT;. GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79 IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND. PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS. IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *8.C.3. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.0219 acre parcel of land, and a waterline easement in a 0.0040 acre parcel of land for the proposed Highway 79 Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Parcel 12) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE'CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF .0219 ACRE AND A .0040 ACRE WATERLINE EASEMENT ACQUISITION; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79 IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID f: 2 67 JANUARY 27, 2005 PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. RESOLUTIONS: 9.A.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Klotz &Associates, Inc. for the design of traffic signals on Gattis School Road at Round Rock Ranch Boulevard/Meister Lane. Thomas G. Martin, P.E., . Transportation Services Director made the staff presentation. The scope of services for this contract includes design, bidding and construction phase, engineering services for proposed traffic signals at the Gattis School Road at Round Rock Ranch Boulevard and Meister Lane. The designated locations have been deemed by staff for new traffic signals due to the heavy volumes of commuters and safety for motorists. Construction is scheduled for mid to late summer with an approximate completion date of late October. The cost of the services from Klotz &Associates is $27,935.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals on Gattis School Road at Round Rock Ranch/Meister Lane, and WHEREAS, Klotz & Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Klotz & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Klotz & Associates, Inc. for the design of traffic signals on Gattis School Road at Round Rock Ranch/Meister Lane, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered ands"formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Nielson moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson ., Mayor Pro-tem McGraw . Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Knight Councilmember Coe ACTION: The motion carried unanimously. 9.B.1. Consider a resolution authorizing the Mayor to execute an Emergency Early Warning System Interlocal Agreement with the Upper Brushy Creek Water Control and Improvement District. Larry Hodges, Fire Chief made the staff presentation. The City recently purchased a high speed, automated telephone Emergency Notification System 268 JANUARY 27, 2005 (ENS). One particular module of the system integrates telephone number data along with GIS mapping data, and can.deliver emergency warning information to specific geographic areas. The Water Control and Improvement District (WCID) is in the process of installing a system that will monitor water levels at flood control dams within the District. This agreement would outline the sharing of resources between the City and the WCID for water monitoring equipment and public warning systems. WCID would install data logging and system monitoring equipment in the City facilities where the data would be accessible. In the future, the City would also have the ability to install additional weather monitoring equipment within pertinent watersheds and utilize the WCID system. In the event of dam failure or flooding conditions, WCID would have the ability to issue public warning information to affected geographic areas through the use of the City's ENS. RESOLUTION NO. WHEREAS, Chapter 791•of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Emergency Early Warning System Interlocal Agreement with ,Upper Brushy Creek Water Control and Improvement District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of-the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember.Knight Councilmember Coe ACTION: The motion carried unanimously., 9.C.1. Consider a resolution authorizing -the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2004-2005 Wastewater Collection System Inspection of Three Basins Proiect. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. This contract is to provide television inspection analysis and reports on the City's Wastewater Collection System in three Edwards Aquifer Basins (BC22- Z, CC32-Z, and OC307Z) and prepare plans and specifications for the improvements t 1 n . 2 6 `9 JANUARY 27, 2005 required to repair the deficiencies. RJN will review the televised tapes that the City conducted and then provide recommendations for future repairs of the collection system. Repairs will be recommended for areas with structural damage and defects such as offsets, open joints, or cracked or crushed lines that would allow infiltration or leakage to occur. The repair phase will be brought to Council at a later date. The City is required to continue this • program in order to,comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. The cost of the services is $119,370.65. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2004-2005 Wastewater Collection Inspection of three Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract. for Engineering Services with RJN Group, Inc. for the 2004-2005 Wastewater Collection Inspection of three Edwards Aquifer Basins, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. • NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 1 MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Knight Councilmember Coe ACTION: The motion carried unanimously. 9.D.1. Consider a resolution authorizing the Mayor to,execute Supplemental • Agreement No. 3 to the Agreement for Application Software Products and Services with Open Software Solutions, Inc. for the Computer -Aided Dispatch/Records Management System project to include additional licenses. Bryan William, Chief of Police made the staff presentation. In 2002, the City entered into a contract with Open Software Solutions, Inc. (OSSI), to replace the city's existing computer aided dispatch and records management systems. Two previous supplements to this agreement address a technical issue and allowed the purchase of an electronic tickets component. This supplemental agreement would allow the Police Department to purchase internal affairs and training modules for the 2 7 `0 3ANUARY 27, 2005 OSSI system. The department's existing systems were created within the department or obtained as freeware and are no longer adequate for the Department's needs. In addition, this supplement would fund the purchase of 20 additional mobile computing licenses. These licenses fully equip 20 mobile computer terminals with all of the features provided by the OSSI system. The cost of for the services and software is $59,000. RESOLUTION NO. • WHEREAS, the City has previously entered into an Agreement for Application Software Products and Services ("Agreement") with--Open Software Solutions, Inc. for the purchase, installation, and support of a Computer Aided Dispatch/Records Management System, and WHEREAS, Open Software Solutions, Inc. has submitted Supplemental Agreement No. 3 to the Agreement to include additional licenses, and ; WHEREAS, the City Council desires to enterinto said Supplemental Agreement No. 3 with Open Software Solutions, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the' Agreement for Application Software Products and Services with Open Software Solutions, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public'_as required: by law at all times during which this Resolution and the subject. matter.hereof were discussed, considered. and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 27th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: , CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the `motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor'Maxwell Nays: None Absent: Councilmember Knight Councilmember Coe ACTION: The motion carried unanimously. 9.E.1. Consider a resolution authorizing the City to suspend the'effective date for a gas rate increase filed by Atmos Energy Corporation until May 15, 2005. David Kautz, Assistant City Manager/CFO made the staff presentation. This rate increase filing is the first application for recovery under a new utility statute. Given the complexity and the need to ' S carefully review the proposed rate adjustment, it necessary to suspend the effective date for implementing the adjustment until at least May 15, 2005 in order to allow the City's rate expert's sufficient time to determine the merits of the adjustment. Review of this new rate procedure is important in order to establish precedents and accepted methodology for future rate adjustments. 3 RESOLUTION NO. s ..;0' 3ANUARY 27, 2005 RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS:AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE UNTIL MAY 15, 2005 FOR THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS ENERGY CORPORATION'S MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF' LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS WITH ,REGARD TO THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS PIPELINE; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS • RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about December 17, 2004 the Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") pursuant to Section 104.301 of the Gas Utility Regulatory Act("Act"), and WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the fact that this is the first application for recovery under that section of the Act; it is therefore necessary to engage the expertise of lawyers .and consultants who specialize in ratemaking proceedings before regulatory authorities to assist the City as provided for in Section 103.022 of the Act, and WHEREAS, given the complexity and the need to carefully review the proposed GRIP adjustment it is necessary to suspend the effective date for implementing the GRIP adjustment until at least May 15, 2005 in order to allow the City's rate experts sufficient time to determine the merits of Atmos Energy's proposed GRIP adjustment, and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it makes sense to coordinate' the City's efforts with a coalition of similarly situated municipalities, and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities ("ATM") has been active in gas utility ratemaking proceedings, and WHEREAS, in light of the sale of TXU Gas to Atmos Energy, the coalition known as the Alliance of TXU Municipalities is now known as the Atmos Texas Municipalities ("ATM"), and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring and direction of legal counsel and consultants • working on behalf of ATM and the City, and WHEREAS, Atmos Energy, doing business as Atmos Pipeline - Texas ("Atmos Pipeline"), has also filed on December 17, 2004, for a GRIP adjustment at the Railroad Commission of Texas, and WHEREAS, the filing made at the Railroad Commission of Texas by Atmos Pipeline could affect the gas rates which have to be paid by Atmos Energy customers located within the City, and WHEREAS, it is important that the City and other similarly situated municipalities participate to the extent allowed by law in the GRIP proceeding initiated by Atmos Pipeline at the Railroad Commission of Texas in order to insure the proper implementation of the GRIP adjustment by Atmos Pipeline, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, Section 1. The statements set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The effective date for the proposed GRIP adjustments by Atmos Energy, and the tariffs related thereto, are hereby suspended until May 15, 2005 but may be suspended further if necessary to complete the review and investigation by City's experts or upon the mutual agreement of the City and Atmos Energy. Section 3. The City is authorized to join with other cities in a coalition of cities known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering committee of ATM will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs the Lawton Law Firm and the Law Offices of Jim Boyle, PLLC to represent the City with regard to the proposed GRIP adjustments of Atmos Energy • and Atmos Pipeline before local and state regulatory authorities and any court of law and authorizes the law firms to employ such rate experts as are recommended by the ATM Steering Committee. Section 5. The City is authorized to participate to the full extent permitted by law in the GRIP proceeding initiated by Atmos Pipeline at the Railroad Commission of Texas and any court action related thereto. Section 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atmos Energy or Atmos Pipeline for reimbursement. Section 7. City's legal representatives shall .have, the right to obtain additional information from Atmos Energy through the service of requests for information, which shall be responded to within twenty (20) days of receipt of such requests for information. Section 8. Atmos Energy shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and h r 272 5 t JANUARY 27® 2005 consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 9. The City Secretary is hereby directed to send a true and correct copy of this resolution to Douglas C. Walther, Senior Counsel, Atmos Energy Corporation, 5430 LBJ Freeway, Suite 1800, Dallas, Texas 75240-2601. Section 10. This resolution shall become effective from and after its passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted ;was posted and that such meeting was open to the publlc''as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as.required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. } RESOLVED this 27th day of January, 2005. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Knight Councilmember Coe ' ACTION: The motion carried unanimously. 9.E.2. Consider a resolution authorizing the City to join a coalition of cities to • review the reasonableness and prudence of gas purchases and expenditures of Atmos Energy Corporation. David Kautz, Assistant City Manager/CFO made the staff presentation. State statute permits the review of gas purchases every three years. Because of a dramatic A spike in gas prices occurring during the time frame of the review period, the City should r , exercise due diligence in reviewing the appropriateness of gas purchases. Findings of. inappropriate cost inclusions would result in a refund adjustment to ratepayers. RESOLUTION NO. RESOLUTION OF THE CITY OF .ROUND ROCK; TEXAS AUTHORIZING I A REVIEW OF THE REASONABLENESS AND PRUDENCE OF GAS PURCHASES AND EXPENDITURES OF TXU GAS COMPANY, NOW KNOWN AS ATMOS ENERGY CORPORATION, BETWEEN NOVEMBER 1, 2000 AND OCTOBER 31, 2003; AUTHORIZING THE CITY JOIN WITH OTHER SIMILARLY SITUATED CITIES IN A COALITION KNOWN` AS THE ATMOS TEXAS MUNICIPALITIES .("ATM"); AUTHORIZING THE HIRING OF 'SPECIAL COUNSEL AND EXPERTS IN THE PURCHASE OR SALE OF GAS; AUTHORIZING THE INTERVENTION IN GUD DOCKET NO. 9530 AT THE RAILROAD COMMISSION AND RELATED PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING • COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on September 24, 2004 TXU'Gas Distribution - Transmission filed with the Railroad Commission of Texas its Compliance with Gas Utilities Docket ("GUD") No. 8664 and Motion for Final Order, and` WHEREAS, the filing was docketed at the Railroad Commission'as GUD Docket No. 9530 and after TXU Gas was sold.to Atmos Energy Corporation the proceeding was styled as Atmos Energy Corporation ("Atmos").- Transmission Gas Review, and WHEREAS, Atmos must demonstrate in this filing that the gas cost or purchases between November 1, 2000 and October 31, 2003 by TXU Gas were reasonable and necessary and that the costs were prudently incurred, and WHEREAS, the Railroad Commission of Texas is empowered to order surcharges or refunds as a result of the review and investigation of said gas costs, and WHEREAS, it takes special expertise by both lawyers and consultants in order to assist the City with such a review, and. 273 JANUARY 27, 2005` WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, investigating, and reconciling said gas costs it makes sense to coordinate the City's efforts with a coalition of similarly situated municipalities, and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities ("ATM") has been active in gas utility ratemaking proceedings, and WHEREAS, in light of the sale of TXU ,Gas to Atmos Energy, the coalition known as the Alliance of TXU Municipalities is now known as the Atmos Texas Municipalities ("ATM"), and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring and direction of legal counsel and consultants • working on behalf of ATM and the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, Section 1. The statements set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City is authorized to join with other cities in a coalition of cities known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering committee of ATM will provide direction and guidance to the lawyers who are representing said cities. Section 3. The City employs the Lawton Law Firm and the Law Offices of Jim Boyle, PLLC to represent the City in Railroad Commission GUD Docket No. 9530 and with regard to any administrative proceedings or court actions related thereto, and the City authorizes Special Counsel to employ, with the approval of the ATM Steering Committee, such rate experts as are necessary to assist them with regard to the review, investigation and possible filing of testimony in GUD Docket No. 9530. Section 4. The City authorizes Special Counsel to intervene on behalf of the City in GUD Docket No. 9530. Section 5. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atmos for reimbursement. Section 6: Atmos shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 7. This resolution shall become effective from and after its passage. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. ytci. NYLE MAXWELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: ,. None f Absent: Councilmember Knight • Councilmember Coe ACTION: The motion carried unanimously. *9.F.1. Consider a resolution authorizina property tax refunds to Dresser Industries, Inc. for 2000, 2001, 2002, and 2003 taxes totaling $20,234.32. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and 274 t, .,i„ .4- JANUARY 27, 2005 WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Dresser Industries, Inc. has made an overpayment or erroneous payment of 2000, 2001-,''2002, and 2003 taxes in the amount of $20,234.32; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$20,234.32. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public 'as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. *9.F.2. Consider a resolution authorizing property tax refunds to Cypress Semiconductor Texas, Inc. for 2001, 2002, and 2003 taxes totaling $5,966.67. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Cypress Semiconductor Texas, Inc. has made an overpayment or erroneous payment of 2001, 1 2002, and 2003 taxes in the amount of • $5,966.67; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and . makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$5,966.67. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution.was adopted was posted and that such meeting was open to the public as. required, by .law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. *9.F.3. Consider a resolution authorizing property tax refund to CEF Funding II, LLC for 2003 taxes totaling $4,697.40. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is, mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the.tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then_ the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve • the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, CEF,Funding II; LLC has made an overpayment or erroneous payment- of 2003 taxes`in the amount;of $4,697.40; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund'I has been, made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such-refund in the amount of$4,697.40. The City Council hereby finds and declares:that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required` by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 2715 JANUARY 27, 2005 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of January, 2005. 9.G.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the Emergency Dental Care Program for $8,000.00. This item was withdrawn from the • agenda at the request of staff. 9.G.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the CHIP/Medicaid Program for $7,500.00. This item was withdrawn from the agenda at the request of staff. 9.G.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Round Rock Area Serving Center for transportation vouchers for $7,000.00. This item was withdrawn from the agenda at the request of staff. 9.G.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Children's Support Coalition for counseling services for $6,000.00. This item was withdrawn from the agenda at the request of staff. • 9.G.5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the 20/20 Optical Voucher Project for $2,500.00. This item was withdrawn from the agenda at the request of staff. COUNCIL COMMENTS: The Council welcomed Councilmember elect Joe Clifford. EXECUTIVE SESSION: 11.A. Executive Session as authorized by 8551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 8:10 p.m. and adjourned back into regular { ..,, session at 9:25 p.m. • ADJOURNMENT: There being no further business, the meeting adjourned at 9:26 p.m. Rpectfully Submitted, Christine R. Martinez, City "ta '217 -. FEBRUARY 10, 2005 The Round Rock City Council met in Regular.Session on Tuesday, February 10, 2005 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 6:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Clifford, Councilmember Scot Knight, and Councilmember Gary Coe. Councilmember Tom Nielson and Councilmember Scott Rhode. Also present were City • Manager Jim Nuse, and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Executive Session as authorized by Section 551.071 Government Code, related to pending litigation, to wit: The City of Round Rock vs. Richard Wallace Pearce and Jesse Ray Blann. The Council recessed to the Executive Chamber for the Executive Session. The Council entered into Executive Session for this item at 6:04 p.m. and adjourned at 6:45 p.m. 3.B. Executive Session as authorized by Section 551.071 Government Code, related to pending litigation, to wit: Western Rim Investors 2000-1; L.P, d/b/a Mansions on the Green I and Il v. The City of Round Rock. The Council entered into Executive Session for this item at 6:46 p.m. and adjourned at 6:58 p.m. CALL REGULAR SESSION TO ORDER: Mayor Maxwell called the regular session to order at 7:05 p.m. . PLEDGE OF ALLEGIANCE: • Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Clifford, Councilmember Scot Knight, and Councilmember Gary Coe. Councilmember Tom Nielson and Counciimember Scott Rhode were absent. Also present were City Manager Jim Nuse, and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Mike Hemker, TAAF Executive Boardmember, 401 W. Front Street,. Hutto, presented Sharon Prete, Parks and Recreation Director with the Individual Life Membership Award from the Texas Amateur Athletic Federation (TAAF). Ms. Prete has been a federation member for 25 years and served as an executive board member. In 1992, she received the TAAF President's Award. Bill Beebe, Round Rock Senior Citizens Foundation, 515 Dennis Drive, announced • that this year's Daffodil Day Festival will be March 19th. Mr. Beebe outlined activities for the festival. PUBLIC HEARINGS: 8.A.1. Consider public testimony regarding the proposed adoption of the Southwest Downtown Plan. Joe Vining, Executive Director of Community Development made the staff presentation. The planning process began with a survey of neighborhood residents, 277 FEBRUARY 10, 2005 property owners, and business owners, which formed the basis for topics selected for discussion in eleven neighborhood workshops held from June 2003 through September 2004. The process culminated with an open house to present a draft of the Southwest Downtown Plan to the neighborhood in November 2004. The Plan was recommended by the Planning and Zoning Commission for adoption by the City Council at their January 2005 • meeting. The Southwest Downtown Plan, a proposed amendment to the General Plan, presents recommendations to revitalize and enhance the Southwest Downtown Area of Round Rock. This area is bounded by IH-35 to the West, Round Rock Avenue to the North, Mays Street to the East, McNeil Road to the Southeast, and Lake Creek to the Southwest. With the construction of the Municipal Office Complex and plans for street improvements and utility upgrades, the Plan Area is changing significantly. In addition, many of the once single-family residences have been converted into offices. The Southwest Downtown Plan seeks to accommodate change in the area while: • Incorporating public input in the planning process • Revitalizing the district's infrastructure, including streets, curbs, sidewalks, utilities and drainage • Accommodating existing single-family residences by examining the compatibility of land uses • Providing for new uses and for the redevelopment of existing buildings • Increasing public and private parking • Protecting and enhancing the special character of the area • Creating a pedestrian friendly environment • Elements of the Southwest Downtown Plan are: •. Public Participation • Proposed Mixed-Use Zoning District • Streets & Infrastructure • Parking • Design • Recommendations & Implementation The public notice and public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. No members of the public spoke against the Plan at the Planning and Zoning Commission meeting on January 12, 2005. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 8.A.2. Consider public testimony regarding an application filed by the City of Round Rock to rezone a portion of 4.6575 acres of land from District..0-1 (General Commercial with • the Historic Overlay) to District C-1 (General Commercial). (1000 E. Main Street), Jim Stendebach, Planning Director made the staff presentation. The structure which sits on a portion of the 4.6575 acre tract was zoned with a historic overlay zoning in 1997 per , ordinance #Z-97-05-22-10B. At that time, only the "outbuilding" structure was designated as a historic landmark. In March 2004, the structure with historic overlay zoning was demolished because it was determined to be beyond repair and a danger to public safety. The City is requesting the removal of the historic overlay zoning on the portion of the 4.6575-acre tract, which once had an outbuilding of the former Trinity Lutheran College on 278 FEBRUARY 10® 2005 it. The structure was demolished in 2004. The Historic Preservation Commission recommended removal of the Historic Overlay at their September 2004 meeting. The public notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. No members of the public spoke against this application at the Planning and Zoning Commission public hearing held on January 12, 2005. Mayor Maxwell opened the public hearing. There being no public testimony the • public hearing was closed. 8.A.3. Consider public testimony regarding an application filed by the City of Round Rock to rezone a portion of 19.9841 acres of land from District SF-2 (Single Family- Standard Lot with Historic Overlay) to District SF-2 (Single Family-Large Lot). (106 W Anderson) Jim Stendebach, Planning Director made the staff presentation. The 19.9841- acre tract is the location of C.D. Fulkes Middle School. In 1993, a portion of that lot, formerly 106 W Anderson, was designated as a historic landmark per ordinance #Z-93-08- 26-12A. In 1995, the house was moved from the lot. At their September 2004 meeting, the Historic Preservation Commission recommended removing the historic overlay zoning from the portion of the Round Rock ISD parking lot where the historic house once stood. The City is requesting the removal of the historic overlay zoning on the portion of the 19.9841-acre tract. This portion of the tract had a house on it that was moved from the site to a location outside of the Cit limits of Round Rock in 1995. The public notice and a • ( Y ) public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. No members of the public spoke against this application at the Planning and Zoning Commission public hearing held on January 12, 2005. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 8.A.4. Consider public testimony regarding an application filed by the City of Round Rock to rezone Comfort Suites Subdivision, Lots 1 and 2 from District C-1 (General Commercial with the Historic Overlay) to District C-1 (General Commercial). (420 S. IH 35 and 611 Chisholm Trail) Jim Stendebach, Planning Director made the staff presentation. In 1989, 716 Round Rock Avenue (Todd Residence/Spanish Schoolhouse) was designated as a historic landmark per ordinance #1278. In 1996, it was demolished. On December 17, 1997, the tract was platted and subdivided into 2 lots (420 IH-35 and 611 Chisholm Trail). • The Comfort Inn and Suites was constructed on the site. The City is requesting the removal of the historic overlay zoning on Lots 1 and 2 of the 3.2435 acre tract which is now the Comfort Inn and Suites. The Historic Preservation Commission recommended removal of the historic overlay in September 2004 since the historic structure was demolished. The public notice and a public hearing were held in accordance with the City of Round Rock's Zoning 279 FEBRUARY 10, 2005 Ordinance. No members of the public spoke against this application at the Planning and Zoning Commission public hearing held on January 12, 2005. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 8.A.5. Consider public testimony regarding an application filed by KLIP • Investments, L.P. to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 16.517 acres of land. (845 Hidden Glen Drivel Jim Stendebach, Planning Director made the staff presentation. The 157.652 acre Rasmussen Tract (Hidden Glen Subdivision) located west of the Georgetown Railroad and north of FM 3406 was zoned single family residential standard lot (SF-2) in December 1999; there was a save and except portion of 16.517 acres not included in the zoning and annexation at that time. This is now under review for your consideration. The 16.517 acre tract is part of a single-family residential subdivision. The developer has an agreement with the Parks Department to dedicate this acreage to the City for park uses and now that the developer has completed the platting phase of the subdivision this tract will be dedicated to the City for park uses. This is a permitted use in the SF-2 zoning district. The Parks Department has currently labeled this park as a neighborhood "passive" park. The City will provide the citizens with benches, picnic tables • and walking trails and a possible playground once funding is in place. The zoning request complies with the General Plan 2000 and is consistent with City land uses policies. The public notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. No members of the public spoke against this application at the Planning and Zoning Commission public hearing held.on January 12, 2005. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 8.A.6. Consider public testimony regarding an application filed by the City of Round Rock to adopt original zoning of District OS (Or)en Space) on 1.698 acres of land. (4451 Kiphen Road/CR 1131 Jim Stendebach, Planning Director made the staff presentation. This 1.698 acre tract is located on the southwest corner of CR 122 and Kiphen Rd. This tract was annexed on June 26, 2003 per Ordinance # A-03-06-26-1066. This tract was not included in the original Old Settlers Park zoning request and is now being considered in order to update the zoning map. The City is requesting a zoning of OS (Open Space) on this 1.698 acre tract that is located at the southwest corner of CR 122. This zoning request is compatible with the surrounding tracts that are currently open space zoned lands on both the south and west known as Old Settlers Park; as well as single family residential zoning to the north. This zoning request complies with General Plan 2000 and is consistent with City land uses policies. The public notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. No members of the public spoke against this 28 FEBRUARY 10, 2005 application at the Planning and Zoning Commission public hearing held on January 12, 2005. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 8.A.7. Consider public testimony regarding proposed revisions to Chapter 8 Subdivisions. Code of Ordinances (1995 Edition) to amend the Table of Contents and the • definition of "Protected Tree to correct terms provided in the fee schedule and to correct other minor errors and omissions. Jim Stendebach, Planning Director made the staff presentation. The Subdivision Ordinance went into effect on January 1, 2005. The Tree Protection Ordinance was adopted by City Council on January 13, 2005 and is now in effect. .Staff proposes several amendments to the Subdivision Ordinance which became effective on January 1, 2005. The amendments include language to ensure compliance with the city's new Tree Protection Ordinance. In addition, the proposed amendments correct minor errors and unintended omissions in the Subdivision Ordinance. Compliance with new Tree Protection Ordinance • A revised definition of the term "protected tree" is included in the Subdivision Ordinance to reflect the new provisions of the Tree Protection Ordinance. See Section 8.106 (56) • Proposed amendments to the Subdivision Ordinance include modified application requirements to ensure submittal of a tree replacement plan per the requirements of • the new Tree Protection Ordinance. Both a tree survey and a tree replacement plan will be required at the Preliminary Plat stage. � In most cases, the tree replacement plan will consist of a letter to the-Forestry Manager detailing calculations for replacement and a planting plan. See Section 8.205.j • In some cases, the developer may prepare either a tree inventory or a partial tree survey in lieu of the normally required tree survey to accommodate unique tracts where a full tree survey is not warranted. For example, this exception would apply to those tracts where protected trees are concentrated in a small area or located in the flood plain. See Section 8.205.6 • Written confirmation by the Forestry Manager that the provisions of the Tree Protection Ordinance have been met will be required prior to Final Plat recordation. See Section 8.213.i Minor errors and omissions Legal staff has requested the following changes to clarify or correct ordinance language and to ensure compliance with other ordinances and the City Charter. In the fees section, the term "Plat Note Vacations" is amended to "Plat Vacations" to reflect the appropriate fee and process. See Section 8.116.4 • "Easement Vacation" has been renamed "Easement Release". See Section 8.211 • Administrative approval of an' Easement Release will be granted by the City Manager instead of the Planning Director. See Section 8.211.2 • An amendment is included to require the submittal of a deed for dedicated ROW lots at Final Pat recordation. See Section 8.213.e • A new provision is included that requires the developer to provide title insurance for any dedicated parkland to ensure the property has clear, unencumbered title. See Section 8.306 (2) Mayor Maxwell opened the public hearing., There being no public testimony the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. The minutes for December 2, 2004 were removed from the entire agenda. j :4 281 FEBRUARY 10, 2005 *10.A. Consider approval of the City Council minutes for January 27, 2005 and December 2, 2004. The minutes of December 2, 2004 were removed from the agenda. *11.A.1. Consider an ordinance amendina Chapter 9, Section 9.502 of the Round Rock Code of Ordinances establishing a-45-mph speed zone on A.W. Grimes Boulevard from Gattis School Road to Lake Creek. (Second Reading) *11.A.2. Consider an ordinance amending Chapter 9, Section 9.1816 'of the Round Rock Code of Ordinances prohibiting the parking of vehicles on a portion of Sundance Parkway. (Second Reading) *11.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest III Village II Subdivision. (First Reading) • *11.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mayfield Ranch Subdivision, Phase III. (First Reading) *11.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Rainbow Parke Subdivision. (First Reading) *11.A.6. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sandy Brook Subdivision, Section 6. (First Reading) *11.A.7. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 11 & 12. (First Reading) *12.B.2. Consider a resolution resetting a date, time and place for a public hearing on the creation of the Forest Creek Drive Public Improvement District. *12.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Agreement for Engineering Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor Proiect. MOTION: Councilmember Coe moved to approve all the items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None • Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *10.A. Consider approval of the City Council minutes for January 27, 2005 and December 2, 2004. This item was approved under the consent agenda. The December 2, 2004 City Council minutes were withdrawn from the agenda. ORDINANCES: *11.A.1. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on A.W. Grimes Boulevard from Gattis School Road to Lake Creek. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 • EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE A PORTION OF A.W. GRIMES BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.A.2. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances (1995 Edition) prohibiting the parking of vehicles on a portion of Sundance Parkway. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF SUNDANCE PARKWAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 282 FEBRUARY 10, 2005 *11.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest III, Village III Subdivision (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE LAKE FOREST III, VILLAGE III SUBDIVISION AS STOP INTERSECTIONS: TIMBER CREEK COVE AT COLLINGWOOD DRIVE, CLIFFSIDE COVE AT • COLLINGWOOD DRIVE, AND TOFINO COVE AT COLLINGWOOD DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mayfield Ranch Subdivision, Phase III. (First Reading This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE VILLAGE AT MAYFIELD RANCH SUBDIVISION, PHASE III AS STOP INTERSECTIONS: SHELL CASTLE LANE AT PINE NEEDLE CIRCLE, SHELL CASTLE LANE AT DOLOMITE TRAIL, AND DOLOMITE TRAIL AT. PINE NEEDLE CIRCLE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Rainbow Parke Subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING • INTERSECTIONS IN THE RAINBOW PARKE SUBDIVISION AS STOP INTERSECTIONS: MICKEY MANTLE PLACE AT CR 122, RAINBOW COVE AT RAINBOW PARKE DRIVE, RAINBOW PARKE DRIVE AT ALEXANDRIA WAY, ALEXANDRIA WAY AT RAINBOW PARKE DRIVE, ALEXANDRIA WAY AT MICKEY MANTLE PLACE, AND RAINBOW PARKE DRIVE AT MICKEY MANTLE PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.A.6. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sandy Brook Subdivision, Section 6. (First Reading This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE SANDY BROOK SUBDIVISION, SECTION 6 AS STOP INTERSECTIONS: HAYNIE BEND AT SANDY BROOK DRIVE, AND HOLDEN DRIVE AT HAYNIE BEND; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.A.7. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances (1995 Edition) prohibiting the parking of vehicles on a portion of Logan Drive. (First Reading) This item was withdrawn from the agenda. • 11.B.1. Consider an ordinance amending Chapter 5, Section 5.601, Code of Ordinances (1995 Edition) regarding fireworks. (First Reading Steve Sheets, City Attorney made the staff presentation. Among other things, Section 5.601 prohibits the sale of fireworks within 5,000 feet of the City's corporate limits. Late last year a lawsuit was filed by the owner of a retail fireworks business challenging the validity of the City's ordinance prohibiting the sale of fireworks. Among other grounds, the Plaintiff in that lawsuit alleged that a phrase in the City's ordinance prevented the City from enforcing the prohibition of 283. FEBRUARY 10, 2005 fireworks stands located within the extraterritorial jurisdiction of another city. The fireworks stand in question is located within the ETJ of Austin, but also within 5,000 feet of the corporate limits of Round Rock. This ordinance will delete the phrase, thereby making it clear that the City intends to enforce the prohibition against the sale of fireworks within 5,000 feet of its corporate limits, including any portion thereof that falls within the extraterritorial jurisdiction of another city. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTION 5.601 REGARDING FIREWORKS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with second reading of the ordinance with the unanimous consent of all of the Councilmembers present and to adopt • the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.6.2. Consider an ordinance amending Chapter 3, Section 3.1412, Code of Ordinances (1995 Edition) regarding the regulation of outdoor signs in the City's extraterritorial Jurisdiction. (First Reading) This item was withdrawn from the agenda at the request of staff. 11.6.3. Consider an ordinance amending Chapter 1, Code of Ordinances, (1995 Edition) to add Section 1.3400, Special Events. (First Reading) Steve Sheets, City Attorney • made the staff presentation. A special event is defined as a planned temporary attraction such as street fairs and art and craft shows that (i) are conducted primarily outdoors on property open to the public; (ii) interfere with the normal flow of pedestrian or vehicular traffic; or (iii) require special City services such as street closure, barricades, refuse services, special parking arrangements, special electrical services or special police/fire services or protection. It is unlawful to conduct a Special Event without obtaining a permit from the City Manager. The application fee is $50.00. The City Manager reviews the application in accordance with established standards for approval, and then either approves 284 FEBRUARY 10, 2005 or denies the application. The denial of an application may be appealed by the City Council. If the Special Event is partially or fully contained on City property, the Applicant must provide liability insurance, indemnify the City against claims, and provide a surety bond to cover damages to City property. If special police service or other city services are required, the City may require that the applicant cover the cost of the required additional services. ORDINANCE NO. • AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, ADDING SECTION 1.3400 REGARDING SPECIAL EVENTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.13.4. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3500, Blockparties. (First Reading Steve Sheets, City Attorney made the staff presentation. At the present time, the City has no ordinances or other 'officially adopted policy for regulating block parties. This results in some degree of confusion • on the part of the city staff and citizens alike regarding how block parties are approved and conducted. Clear and consistent policies will help to eliminate inconsistencies in the way these events are handled, as well decrease the amount of staff and council time spent on dealing with applications for these events. A block party'is defined as a gathering on a residential street requiring closure of a street to vehicular traffic, and the use of the street for the festivity. It is unlawful to conduct a block party without obtaining a permit from the Director of Public Works Operations. The application fee is $25.00. An application for a block party must be accompanied by a petition signed by at least 75% of the adult owners of property abutting the street to be closed. The Director will either approve or deny the application. If an application is denied, it may be appealed to the City Council. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND • ROCK, TEXAS, CHAPTER 1, ADDING-SECTION 1.3500 REGARDING BLOCKPARTIES; AND PROVIDING FOR A SAVINGS CLAUSE:AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to amend the ordinance by including a provision that waives the permit fee and to include specific language concerning the closing of a portion of a street for a block party. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe 285 FEBRUARY. 10, 2005 Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to adopt the ordinance as amended. Councilmember Clifford seconded the motion. • VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.13.5. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3600, Parades. (First Reading) Steve Sheets, City Attorney made the staff presentation. A parade is defined as a march, procession or motorcade upon public streets consisting of three or more persons, vehicles, etc. with the intent of attracting public attention that interferes with the normal flow of traffic. Does not apply to funeral processions, students going to and from classes, or governmental agency acting within its scope. It is unlawful to hold a parade without a permit issued by the Chief of Police. The • application fee is $50.00. The Chief of Police reviews the application in accordance with established standards for approval, and then either approves or denies the application. The Applicant may appeal the denial of an application for a parade to the City Council. The Applicant may be charged with the costs of special police or other city services required for the parade. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, ADDING SECTION 1.3600 REGARDING PARADES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to amend the ordinance by including a provision that waives the permit fee. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe , :; Mayor Maxwell • Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to adopt the ordinance as amended. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None 286 FEBRUARY 10, 2005 Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.C.1. Consider an ordinance adopting the Southwest Downtown Plan. (First Reading) This item was withdrawn from the agenda. 11.C.2. Consider an ordinance to rezone a portion of 4.6575 acres of land from District C-1 (General Commercial with the Historic Overlay) to District C-1 (General • Commercial). (1000 E. Main Street)jFirst Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 4.6575 ACRES OF LAND, OUT OF THE A.W. HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK; WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 .(GENERAL COMMERCIAL WITH THE HISTORIC OVERLAY) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Coe -moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Piro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.C.3. Consider an ordinance to rezone a portion of 19.9841 acres of land from District SF-2 (Single Family-Standard Lot with Historic Overlay) to District SF-2 (Single Family-Large Lot). (106 W. Anderson) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 19.9841 ACRES OF LAND, OUT OF THE A.W. HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM FEBRUAb LJ. `XJ RY 10 2005 DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT WITH THE HISTORIC OVERLAY) TO DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). : MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight • Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.C.4. Consider an ordinance to rezone Comfort Suites Subdivision, Lots 1 and 2 from District C-1 (General Commercial with the Historic Overlay) to District C-1 (General Commercial). (420 S. IH 35 and 611 Chisholm Trail) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE LOTS 1 AND 2, COMFORT SUITES SUBDIVISION, OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL WITH THE HISTORIC OVERLAY) TO DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight • Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Coe moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford 288 FEBRUARY 10, 2005 Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.C.5. Consider an ordinance annexing 16.517 acres of land out of the David Curry Survey. (845 Hidden Glen Drive) (First Reading! Jim Stendebach, Planning Director made • the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT. AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 16.,517 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY ; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS'HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW. IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE': AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND 'REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None , Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor'Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.C.6. Consider an ordinance to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 16.517 acres of land. (845 Hidden Glen Drive) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public • hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 16.517 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). 289 FEBRUARY 10, 2005 MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem-McGraw CouncilmemberClifford Councilmember:Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 11.C.7. Consider an ordinance to adopt original zoning of District OS (Open Space) on 1.698 acres of land. (4451 Kiphen Road/CR 113) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL"ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 1.698 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT OS (OPEN SPACE). MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode 290 FEBRUARY 10, 2005 ACTION: The motion carried unanimously. 11.C.8. Consider an ordinance amending Chapter 8, Subdivisions Code of Ordinances (1995 Edition) to amend the Table of Contents and the definition of "Protected Tree", to correct terms provided in the fee schedule, and to correct other minor errors and omissions. (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8,,CODE.OF ORDINANCES (199.5 EDITION), CITY OF ROUND.ROCK, TEXAS, TO AMEND THE TABLE OF CONTENT; TO AMEND THE DEFINITION OF "PROTECTED TREE"; TO CORRECT TERMS PROVIDED IN THE FEE SCHEDULE; TO AMEND REQUIREMENTS FOR CONCEPT PLANS,- PRELIMINARY PLATS, MINOR SUBDIVISION FINAL PLATS; TO INCLUDE PROTECTED, TREE REQUIREMENTS; TO CORRECT TERMS AND CITATIONS; TO AMEND REQUIREMENTS FOR PARKLAND CONVEYANCE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Knight moved to dispense with the second reading of the i ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously.' 11.C.9. Consider an ordinance concerning an exception to Chapter 10, Section 10.204, Code of Ordinances (1995 Edition) for Water and Wastewater Impact fees for Sonoma Subdivision, Sections 9 and 11. (First Reading) Jim Stendebach, Planning Director made the staff presentation. The water and wastewater impact fees changed from $3,769.00 to $5,602.00 on January 1, 2005. The Sonoma Final Plat Sections 9 and 11 were • . submitted to the City for recording prior to December 31, 2004; at that time these plats met all city requirements to be recorded. However, the county did-not record the plats until January 3 and 4, 2005. The delay by the county in the actual recording date results in the new impact fee applying to these plats. Because the plats were completed and ready for recording on December 30, 2004,.it may be reasonable to permit these plats to utilize the previous impact fee. These three sections of Sonoma include 106 developable lots. This action will reduce impact fees collected by the.City by $173,098.00. 291 FEBRUARY 10, 2005 ORDINANCE NO. ' AN ORDINANCE GRANTING AN EXCEPTION TO CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND`-ROCK, TEXAS FOR IMPACT FEES FOR CERTAIN PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson • Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 12.A.1. Consider a resolution authorizing the Mayor to execute a contract with Manly Contracting for the construction of the Country Aire Drive Sidewalk Project (CDBG Program). Mona Ryan, Community Development Coordinator made the staff presentation. This project will build approximately 1,650 Lf. of sidewalks along the north side of Country Aire Drive, providing a continuous pedestrian route. This will complete a portion of the Overall Citywide Sidewalk Plan. On January 25, 2005 we received 6 bids for the Country Aire Drive Sidewalk Project (Community Development Block Grant Program) and the low bid of$45,536.00 was from Manley Contracting. Based upon the review of the bids staff recommends awarding the bid to Manley Contracting in the amount of $45,536.00. The project will provide a continuouspedestrian route along Country Aire Drive, completing a • portion of the Overall Citywide Sidewalk Plan. The cost of this contract is $45,536. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Country Aire Drive Sidewalk Project (CDBG Program), and WHEREAS, Manley Contracting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Manley Contracting, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Manley Contracting for the Country Aire Drive Sidewalk Project (CDBG Program). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during. which this 292 FEBRUARY 10, 2005 Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 12.B.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement with Martinez, Wright & Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35. Tom Martin, Director of Transportation Services made the staff presentation. Martinez, Wright & Mendez, Inc. was contracted to provide Phase 1 and Phase 2 engineering services and construction administration under approved resolutions R-01-05-24-12C3, R-03-05-08-15D1, R-03-09- 11-10D1 and R-04-09-23-13F2. This project will reduce maintenance activities and costs for reconstructing the existing road. In addition, mobility will be increased by the construction of additional lanes, turn lanes and sidewalks. Supplemental Agreement #3 • includes additional surveying for the water quality pond and engineering design for repairing and/or replacing the water and wastewater utilities located under or adjacent to the existing pavement. The cost of this supplemental agreement is $67,862. RESOLUTION NO. WHEREAS, the City of Round Rock has, previously entered into an Agreement for Engineering Services with Martinez, .Wright & Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted Supplemental Agreement No. 3 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with Martinez, Wright & Mendez, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to 'execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Engineering Services with Martinez, Wright & Mendez, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required. by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. . MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None i { r 2 93 FEBRUARY 10, 2005 Absent: Councilmember Nielson Councilmember.Rhode ACTION: The motion carried unanimously. _..._. . *12.B.2. Consider a resolution resetting a date, time and place for a public hearing on the creation of the Forest Creek Drive.Public Improvement District. This item was approved under the consent agenda. RESOLUTION NO. A RESOLUTION RESETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE CREATION OF THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, a petition regarding the creation and establishment of the Forest Creek Drive Public Improvement District has been submitted to the City, and WHEREAS, the City called a public hearing to consider the creation of the Forest Creek Drive Public Improvement District for February 10, 2005; and WHEREAS, the City desires to reset the public hearing to consider the creation of the Forest Creek Drive Public Improvement District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That a public hearing regarding the creation and establishment of the Forest Creek Drive Public Improvement District shall be held before the City Council of the City of Round Rock, Texas on the 10th day of March, 2005 at 7:00 p.m. in the City Council Chambers at 221 East Main Street, Round Rock, Texas 78664. II. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. *12.C.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Agreement for Engineering Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with S.D. Kallman, L.P. for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, S.D. Kallman, L.P. has submitted Supplemental Agreement No. 5 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 5 with S.D. Kallman, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 5 to the Agreement with S.D. Kallman, L.P., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. 12.C.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2004-2005 Wastewater Collection Rehabilitation of three Edwards Aquifer basins. Tom Word, Chief of Public Works Operations made the staff presentation. In February 2004, RJN Group was retained by the City to conduct an Inflow & Infiltration (I&I) Study of Basins OC28-Z, EWO1-Z, and CC37-Z. The 294 FEBRUARY 10, 2005 scope of services consisted of intensive survey activities including manhole inspection, smoke testing, dyed water flooding, and internal television inspection. At the completion of the evaluation study in December 2004, a recommended plan to reduce I&I during a 5-year storm event and to reduce maintenance repairs in the three basins was prepared by RJN. This contract is to develop construction plans and specifications to rehabilitate the wastewater collection system in the three basins. The schedule of repairs includes 319 manholes, 21 point repairs, and 12,490 linear feet of sewer replacement for an estimated construction cost of $1,563,675. The City is required to continue this program in order to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. The elimination of defects will reduce inflow and infiltration entering the City's Wastewater Collection System, thereby reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment Plant. The cost of this contract is $197,550. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2004-2005 Wastewater Collection Rehabilitation of three Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • Contract for Engineering Services with RJN Group, Inc. for the 2004-2005 Wastewater Collection Rehabilitation of three Edwards Aquifer Basins, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode Mayor Pro-tem McGraw was out of the room when the vote was.taken. ACTION: The motion carried unanimously. 12.C.3. Consider a resolution authorizing the Mayor to execute a Chanae Order No. 3 with Corrosion Eliminators. Inc. for the 2002-2003 Water Storage Tank(s) Rehabilitation Project (Proposals A and CZ Tom Word, Chief of Public Works Operations made the staff presentation. The City has made several attempts to isolate the Southeast Ground Storage Tank (SE GST) and Pump Station. However, none of the schemes attempted will allow us to isolate said tank and pump station without creating undue risks to the areas served by the Southeast Ground Storage Tank. The City will not be able to isolate the SE GST until the y , 295 FEBRUARY 10, 2005 East Water Transmission Line, Phase 3A-1 and 3A-2 located in Redbud Lane, are in service, which is scheduled to be around August 2005. The. tank will be included in a future rehabilitation project for repairs. This resolution for Change Order No. 3 will remove the Southeast Ground Tank Rehabilitation from the `2002-2003 Water Storage Tank(s) Rehabilitation - Proposal A & C", contract with Corrosion Eliminator, Inc. This will reduce the • contract amount by $192,681.00 or 25.91%. With this the City is terminating the Contract under Article 11.02 - Termination for Convenience, of the General Conditions of Agreement. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Corrosion Eliminators, Inc. for the 2002-2003 Water Storage Tank(s) Rehabilitation Project (Proposals A and C), and WHEREAS, the Council has determined that it is necessary to make changes to the plans or specifications of the Contract due to unforeseen.circumstances, and to close out the contract, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with Corrosion Eliminators, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by .law at ell times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. • MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 12.C.4. Consider a resolution authorizing the Mavor to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company, This item was withdrawn from the agenda at the request of staff. 12.D.1. Consider a resolution authorizing the Mayor to execute an amendment to the Interlocal Agreement with Williamson County regarding the regulation and approval of • subdivision plats including the Parkside at Mayfield Ranch Subdivision in Williamson County's jurisdiction. This item was withdrawn from the agenda at the request of staff. 12.D.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the Emergency Dental Care Program for $8,000.00. Mona Ryan, Community Development Coordinator made the staff presentation. The health district will furnish $200 vouchers to persons in need of dental care that can be used with participating dentists. WCCHD will serve 40 indigent persons with this program who suffer from acute dental 296 FEBRUARY 10,.2005 problems. This is the second year of this program which is highly successful and very quickly runs out of funds. Last year all the funds were spent within the first. month of the program. On July 22, 2004 City Council adopted by resolution R-04-07-22-13C1 the 2004- 2009 Community Development Consolidated Plan and 2004-2005 Action Plan. Table 3 of this plan lists the Consolidated Plan listing of projects to be implemented in the 2005 fiscal year. • RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Williamson County and Cities Health District to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with the Williamson County. and Cities .Health District for the Emergency Dental Care Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant, Agreement with the Williamson County and Cities Health District for the Emergency Dental Care Program, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof.were discussed, considered and formally acted upon, all as required by the Open- Meetings Act; Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. MOTION: Councilmember Knight moved to approve the resolution. Councilmember • Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 12.D.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the CHIP/Medicaid Program for $7,500.00. Mona Ryan, Community Development Coordinator made the staff presentation. WCCHD estimates that it will re-enroll 1,74.0 children back into the CHIP program to re-instate their health insurance benefits. CDBG funds will be used to partially fund a part-time staff position. This person will concentrate on contacting each CHIP enrolled family from Round Rock in the state's database to • encourage re-enrollment. This process includes up to three attempts to reach families of 3,480 children. On July 22, 2004 City Council adopted by resolution R-04-07-22-13C1 the 2004-2009 Community Development Consolidated Plan and 2004-2005 Action Plan. Table 3 of this plan lists the Consolidated Plan listing of projects to be implemented in the 2005 fiscal year. RESOLUTION NO. FEBRUARY 10; 2005 WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round,- Rock wishes Ao engage the Williamson County and Cities Health District to assist the City'id utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the CHIP/Medicaid Program, Now Therefore- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the CHIP/Medicaid Program, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which .this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. • 12.D.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with Williamson-Burnet County Opportunities for an adult daycare program for $10,000.00. Mona Ryan, Community Development Coordinator made the staff presentation. This agency provides adult day care for elderly family members of who require monitoring of daily activities. WBCO estimates that it will serve 55 adults with this new program, with 50 being from low and moderate income families. The objective of this new program is to add mental, visual, and physical stimulation through music. On July 22, 2004 City Council adopted by resolution R-04-07-22-13C1 the 2004- 2009 Community Development Consolidated Plan and 2004-2005 Action Plan. Table 3 of this plan lists the Consolidated Plan listing of projects to be implemented in the 2005 fiscal year. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the • United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Williamson-Burnet County Opportunities to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Williamson-Burnet County Opportunities for an Adult Day Care Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and,directed to execute on behalf of the City, a Community. Development Block Grant Agreement with Williamson-Burnet County Opportunities for an Adult Day Care Program, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that 298 FEBRUARY 10, 2005 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the:Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. 12.D.5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Round Rock Area Serving Center for transportation vouchers for $7,000.00. Mona Ryan, Community Development Coordinator made the staff presentation. This on-going service provided through the Serving Center is available to clients of the Round Rock Health Clinic, Bluebonnet Trails MHMR, and the Serving Center. The Round Rock Area Serving Center will provide vouchers for taxi services to low-income persons in need of transportation to keep medical appointments. On July 22, 2004 City Council adopted by resolution R-04-07-22-13C1 the 2004-2009 Community Development Consolidated Plan and 2004-2005 Action Plan. Table 3 of this plan lists the • Consolidated Plan listing of projects to be implemented in the 2005 fiscal year. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title_ I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with the Round Rock Area Serving Center for transportation vouchers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Round Rock Area Serving Center for transportation vouchers, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 10th day of February, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode n 299 FEBRUARY 10, 2005 ACTION: The motion carried unan-imously. ,. 12.D.6. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with Children=s Support Coalition for counseling services for $6,000.00. Mona Ryan, Community Development Coordinator made the staff presentation. The Children's Support.Coalition is a resource for families who have • exhausted all their insurance benefits, or who have no insurance, and are in need of financial assistance to continue medical treatments for their children. The Children's Support Coalition will provide financial resources to obtain counseling for families whose children have been diagnosed with a mental health condition. On July 22, 2004 City Council adopted by resolution R-04-07-22-13C1 the 2004-2009 Community Development Consolidated Plan and 2004-2005 Action Plan. Table 3 of this plan lists the Consolidated Plan listing of projects to be implemented in the 2005 fiscal year. RESOLUTION NO., WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Children's Support Coalition to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Children's Support Coalition for counseling services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Children's Support Coalition for • counseling services, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. • 12.D.7. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the Williamson County and Cities'Health District for the 20/20 Optical Voucher Project for $2,500.00. Mona Ryan, Community Development Coordinator made the staff presentation. CDBG funds will be used for $100 vouchers that allow 25 extremely low income persons to obtain. a visual exam and purchase a pair of single vision glasses. This is a new program for the health district. On July 22, 2004 City Council adopted by resolution R-04-07-22-13C1 the 2004-2009 Community Development 300 FEBRUARY.10, 2005 Consolidated Plan and 2004-2005 Action Plan. Table 3 of this plan lists the Consolidated Plan listing of projects to be 'implemented in the 2005 fiscal year. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Williamson County and Cities Health District to assist the City in utilizing said funds, and WHEREAS, the City Council desires to ,enter into a' Community Development Block • Grant Agreement with the Williamson County and Cities Health District for the 20/20 Optical Voucher Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF,ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Williamson County and Cities Health District for the 20/20 Optical Voucher Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of February, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Coe Mayor Maxwell Nays: None • Absent: Councilmember Nielson Councilmember Rhode ACTION: The motion carried unanimously. COUNCIL COMMENTS; None ADJOURNMENT; There being no further business, the meeting adjourned at 8:37 p.m. Respectfully Submitted, a• Christine R. Martinez, City Secretary